Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will: (i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided; (ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes; (iii) at any time during the continuance of any such default by the Issuer, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent; (iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof; and (v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 21 contracts
Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject All payments of amounts payable on any Notes pursuant to Section 5.08 of the Sale and Servicing Agreement8.03, the Issuer shall deposit or cause to be made from amounts deposited in the Note Distribution Payment Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by another Paying Agent, and no amounts so deposited in the Payment Account for payments of its action Notes shall be paid over to the Issuer except as provided in this Section or failure so to actSection 8.03. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such the Paying Agent shall agree agrees with the Indenture Trustee (that it will, and if the Indenture Trustee acts hereby agrees in its capacity as Paying Agent, Agent that it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to on the Notes in trust for the benefit of the Persons persons entitled thereto to them until such sums shall be they are paid to such Persons the persons entitled to them or otherwise disposed of as herein provided in this Indenture, and pay such sums them to such Persons the persons entitled to them as herein providedprovided in this Indenture;
(ii) give the Indenture Trustee written and the Credit Enhancer notice of any payment default by the Issuer on the Notes of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notesknowledge;
(iii) at any time during the continuance of any such payment default by on the IssuerNotes, upon at the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Paying Agentit for the payment of the Notes;
(iv) immediately resign as a Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in appointment;
(v) be bound by Section 6.12 hereof11.16; and
(vvi) comply with all requirements of the Code with respect to the withholding withhold from any payments made by it on any Notes of any applicable withholding taxes imposed thereon on them and comply with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuerrequirements. The Issuer may at any time, for the purpose of obtaining To obtain the satisfaction and discharge of this Indenture or for any other purpose, the Issuer may at any time by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held by it in trust by such Paying Agent, such trust. Those sums to shall be held by the Indenture Trustee upon on the same trusts as those upon on which the sums were held by such the Paying Agent; and upon such a . On payment by any a Paying Agent to the Indenture Trustee, such Paying Agent it shall be released from all further liability with respect to such that money. Subject to applicable laws with respect to the escheat of fundson abandoned property, any money held in trust by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to on any Note and remaining unclaimed for two years after such amount it has become due and payable shall be discharged from such the trust and be paid to the Issuer on Issuer Request; and . After that the Holder of such the unpaid Note shall thereafter, as an unsecured general creditor, look only to the Issuer for its payment thereof as an unsecured general creditor (but only to the extent of the amounts so paid to the Issuer), and . On its payment to the Issuer all liability of the Indenture Trustee or such the Paying Agent with respect to such that trust money shall thereupon cease; provided, however, that the . The Indenture Trustee or such the Paying Agent, before being required to make any such repaymentthe payment to the Issuer, shall at the expense and direction of the Issuer cause to be published onceonce a notice that the money remains unclaimed and that, after a date specified in the notice not less than 30 days from the date of the publication, any unclaimed balance of the money then remaining will be repaid to the Issuer. The notice shall be published in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such the repayment (including, but not limited to, including mailing notice of such the repayment to their last address of record to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 19 contracts
Samples: Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-N), Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-S), Indenture (CWABS Revolving Home Equity Loan Trust Series, 2004-U)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 All payments of the Sale and Servicing Agreement, the Issuer shall deposit or cause amounts payable on any Notes that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.03 shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such the Paying Agent shall agree agrees with the Indenture Trustee (that it will, and if the Indenture Trustee acts hereby agrees in its capacity as Paying Agent, Agent that it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to on the Notes in trust for the benefit of the Persons persons entitled thereto to them until such sums shall be they are paid to such Persons the persons entitled to them or otherwise disposed of as herein provided in this Indenture, and pay such sums them to such Persons the persons entitled to them as herein providedprovided in this Indenture;
(ii) give the Indenture Trustee written and the Credit Enhancer notice of any payment default by the Issuer on the Notes of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notesknowledge;
(iii) at any time during the continuance of any such payment default by on the IssuerNotes, upon at the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Paying Agentit for the payment of the Notes;
(iv) immediately resign as a Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in appointment;
(v) be bound by Section 6.12 hereof11.16; and
(vvi) comply with all requirements of the Code with respect to the withholding withhold from any payments made by it on any Notes of any applicable withholding taxes imposed thereon on them and comply with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuerrequirements. The Issuer may at any time, for the purpose of obtaining To obtain the satisfaction and discharge of this Indenture or for any other purpose, the Issuer may at any time by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held by it in trust by such Paying Agent, such trust. Those sums to shall be held by the Indenture Trustee upon on the same trusts as those upon on which the sums were held by such the Paying Agent; and upon such a . On payment by any a Paying Agent to the Indenture Trustee, such Paying Agent it shall be released from all further liability with respect to such that money. Subject to applicable laws with respect to the escheat of fundson abandoned property, any money held in trust by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to on any Note and remaining unclaimed for two years after such amount it has become due and payable shall be discharged from such the trust and be paid to the Issuer on Issuer Request; and . After that the Holder of such the unpaid Note shall thereafter, as an unsecured general creditor, look only to the Issuer for its payment thereof as an unsecured general creditor (but only to the extent of the amounts so paid to the Issuer), and . On its payment to the Issuer all liability of the Indenture Trustee or such the Paying Agent with respect to such that trust money shall thereupon cease; provided, however, that the . The Indenture Trustee or such the Paying Agent, before being required to make any such repaymentthe payment to the Issuer, shall at the expense and direction of the Issuer cause to be published onceonce a notice that the money remains unclaimed and that, after a date specified in the notice not less than 30 days from the date of the publication, any unclaimed balance of the money then remaining will be repaid to the Issuer. The notice shall be published in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such the repayment (including, but not limited to, including mailing notice of such the repayment to their last address of record to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 17 contracts
Samples: Indenture (Cwabs Inc Revolving Home Eq Loan Asset BKD Notes Ser 2003-C), Indenture (Cwabs Inc), Indenture (Cwabs Inc Revolving Hm Equ Ln Asst Back NTS Ser 2003-B)
Money for Payments To Be Held in Trust. (a) On or before each Distribution Payment Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, Account an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Note Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. .
(b) The Issuer will shall cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee and the Note Insurer an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent willshall:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(iv) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. therewith.
(c) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestRequest with the consent of the Note Insurer (unless an Insurer Default shall have occurred and be continuing) and shall be deposited by the Trustee in the Collection Account; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that if such money or any portion thereof had been previously deposited by the Indenture Note Insurer with the Trustee for the payment of principal or interest on the Notes, to the extent any amounts are owing to the Note Insurer, such amounts shall be paid promptly to the Note Insurer upon receipt of a written request by the Note Insurer to such effect, and provided, further, that the Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 11 contracts
Samples: Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc), Indenture (Consumer Portfolio Services Inc)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject All payments of amounts payable on any Notes pursuant to Section 5.08 of the Sale and Servicing Agreement8.03, the Issuer shall deposit or cause to be made from amounts deposited in the Note Distribution Payment Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by another Paying Agent, and no amounts so deposited in the Payment Account for payments of its action Notes shall be paid over to the Issuer except as provided in this Section or failure so to actSection 8.03. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such the Paying Agent shall agree agrees with the Indenture Trustee (that it will, and if the Indenture Trustee acts hereby agrees in its capacity as Paying Agent, Agent that it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to on the Notes in trust for the benefit of the Persons persons entitled thereto to them until such sums shall be they are paid to such Persons the persons entitled to them or otherwise disposed of as herein provided in this Indenture, and pay such sums them to such Persons the persons entitled to them as herein providedprovided in this Indenture;
(ii) give the Indenture Trustee written and the Credit Enhancer notice of any payment default by the Issuer on the Notes of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notesknowledge;
(iii) at any time during the continuance of any such payment default by on the IssuerNotes, upon at the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Paying Agentit for the payment of the Notes;
(iv) immediately resign as a Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in appointment;
(v) be bound by Section 6.12 hereof11.16; and
(vvi) comply with all requirements of the Code with respect to the withholding withhold from any payments made by it on any Notes of any applicable withholding taxes imposed thereon on them and comply with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuerrequirements. The Issuer may at any time, for the purpose of obtaining To obtain the satisfaction and discharge of this Indenture or for any other purpose, the Issuer may at any time by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held by it in trust by such Paying Agent, such trust. Those sums to shall be held by the Indenture Trustee upon on the same trusts as those upon on which the sums were held by such the Paying Agent; and upon such a . On payment by any a Paying Agent to the Indenture Trustee, such Paying Agent it shall be released from all further liability with respect to such that money. Subject to applicable laws with respect to the escheat of fundson abandoned property, any money held in trust by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to on any Note and remaining unclaimed for two years after such amount it has become due and payable shall be discharged from such the trust and be paid to the Issuer on Issuer Request; and . After that the Holder of such the unpaid Note shall thereafter, as an unsecured general creditor, look only to the Issuer for its payment thereof as an unsecured general creditor (but only to the extent of the amounts so paid to the Issuer), and . On its payment to the Issuer all liability of the Indenture Trustee or such the Paying Agent with respect to such that trust money shall thereupon cease; provided, however, that the . The Indenture Trustee or such the Paying Agent, before being required to make any such repaymentthe payment to the Issuer, shall at the expense and direction of the Issuer cause to be published onceonce a notice that the money remains unclaimed and that, after a date specified in the notice not less than 30 days from the date of the publication, any unclaimed balance of the money then remaining will be repaid to the Issuer. The notice shall be published in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such the repayment (including, but not limited to, including mailing notice of such the repayment to their last address of record to Holders whose Principal Amount Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 10 contracts
Samples: Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2006-F), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-B)
Money for Payments To Be Held in Trust. As provided in Section 8.02(a) and (b), all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Collection Account and the Note Distribution Account pursuant to Section 8.02(c) shall be made on behalf of the Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account and the Note Distribution Account for payments of Notes shall be paid over to the Issuer except as provided in this Section. On or before the Business Day preceding each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto thereto, and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 9 contracts
Samples: Indenture (Premier Auto Trust 1998-1), Indenture (Premier Auto Trust 1998-3), Indenture (Premier Auto Trust 1997 1)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject All payments of amounts payable on any Notes pursuant to Section 5.08 of the Sale and Servicing Agreement8.03, the Issuer shall deposit or cause to be made from amounts deposited in the Note Distribution Payment Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by another Paying Agent, and no amounts so deposited in the Payment Account for payments of its action Notes shall be paid over to the Issuer except as provided in this Section or failure so to actSection 8.03. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such the Paying Agent shall agree agrees with the Indenture Trustee (that it will, and if the Indenture Trustee acts hereby agrees in its capacity as Paying Agent, Agent that it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to on the Notes in trust for the benefit of the Persons persons entitled thereto to them until such sums shall be they are paid to such Persons the persons entitled to them or otherwise disposed of as herein provided in this Indenture, and pay such sums them to such Persons the persons entitled to them as herein providedprovided in this Indenture;
(ii) give the Indenture Trustee written and the Credit Enhancer notice of any payment default by the Issuer on the Notes of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notesknowledge;
(iii) at any time during the continuance of any such payment default by on the IssuerNotes, upon at the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Paying Agentit for the payment of the Notes;
(iv) immediately resign as a Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in appointment;
(v) be bound by Section 6.12 hereof11.16; and
(vvi) comply with all requirements of the Code with respect to the withholding withhold from any payments made by it on any Notes of any applicable withholding taxes imposed thereon on them and comply with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuerrequirements. The Issuer may at any time, for the purpose of obtaining To obtain the satisfaction and discharge of this Indenture or for any other purpose, the Issuer may at any time by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held by it in trust by such Paying Agent, such trust. Those sums to shall be held by the Indenture Trustee upon on the same trusts as those upon on which the sums were held by such the Paying Agent; and upon such a . On payment by any a Paying Agent to the Indenture Trustee, such Paying Agent it shall be released from all further liability with respect to such that money. Subject to applicable laws with respect to the escheat of fundson abandoned property, any money held in trust by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to on any Note and remaining unclaimed for two years after such amount it has become due and payable shall be discharged from such the trust and be paid to the Issuer on Issuer Request; and Request with the consent of the Credit Enhancer. If any of that money had been previously deposited by the Credit Enhancer for the payment of principal or interest on the Notes, to the extent any amounts are owing to the Credit Enhancer that money shall be promptly paid to the Credit Enhancer. After that the Holder of such the unpaid Note shall thereafter, as an unsecured general creditor, look only to the Issuer for its payment thereof as an unsecured general creditor (but only to the extent of the amounts so paid to the Issuer), and . On its payment to the Issuer all liability of the Indenture Trustee or such the Paying Agent with respect to such that trust money shall thereupon cease; provided, however, that the . The Indenture Trustee or such the Paying Agent, before being required to make any such repaymentthe payment to the Issuer, shall at the expense and direction of the Issuer cause to be published onceonce a notice that the money remains unclaimed and that, after a date specified in the notice not less than 30 days from the date of the publication, any unclaimed balance of the money then remaining will be repaid to the Issuer. The notice shall be published in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such the repayment (including, but not limited to, including mailing notice of such the repayment to their last address of record to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 5 contracts
Samples: Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-I), Indenture (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-E), Indenture (CWHEQ, Inc.)
Money for Payments To Be Held in Trust. On If the Company shall at any time act as its own Paying Agent, it will, on or before each Distribution Date and Redemption Date, subject to Section 5.08 due date of the Sale principal, premium, interest or Special Interest, if any, with respect to the Notes, segregate and Servicing Agreement, hold in trust for the Issuer shall deposit or cause to be deposited in benefit of the Note Distribution Account from the Collection Account, an aggregate Persons entitled thereto a sum sufficient to pay the amounts then principal, premium, interest or Special Interest, if any, so becoming due under until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for the Notes, it will, on or before each due date of the principal, premium, interest or Special Interest, if any, with respect to the Notes, deposit with a Paying Agent a sum in same day funds (or New York Clearing House funds if such deposit is made prior to the date on which such deposit is required to be made) sufficient to pay the principal, premium, interest or Special Interest, if any, so becoming due (or at the option of the Company, payment of interest may be mailed by check to the Holders of the Notes at their respective addresses set forth in the register of Holders of Notes; provided that all payments with respect to Notes represented by one or more permanent global Notes will be paid by wire transfer of immediately available funds to the account of the Depository Trust Company or any successor thereto) such sum to be held in trust for the benefit of the Persons entitled thereto to such principal, premium, interest or Special Interest, if any, and (unless the such Paying Agent is the Indenture Trustee) shall the Company will promptly notify the Indenture Trustee of its such action or any failure so to act. The Issuer Company will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees)Trustee, subject to the provisions of this Section, that such Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the principal of, premium, if any, or interest on Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge Company (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notesof principal, premium, interest or Special Interest, if any;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof; and
(vd) acknowledge, accept and agree to comply in all respects with all requirements the provisions of the Code with respect this Indenture relating to the withholding from any payments made by it on any Notes duties, rights and obligations of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuersuch Paying Agent. The Issuer Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order pay, or direct any Paying Agent to pay pay, to the Indenture Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the such sums were held by the Company or such Paying Agent; and and, upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Any money deposited with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent Agent, or then held by the Company, in trust for the payment of any amount due the principal, premium, interest or Special Interest, if any, with respect to any a Note and remaining unclaimed for two years after such amount principal, premium, if any, or interest has become due and payable shall be paid to the Company at the request of the Company or (if then held by the Company) shall be discharged from such trust and be paid to the Issuer on Issuer Requesttrust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer Company for payment thereof (but only to the extent of the amounts so paid to the Issuer)thereof, and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer Company cause notice to be published once, in a newspaper published in the English language, customarily published on promptly sent to each Business Day and of general circulation in The City of New York, notice Holder that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, notification any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder)Company.
Appears in 5 contracts
Samples: Indenture (Global Crossing LTD), Indenture (Global Crossing LTD), Indenture (Global Crossing LTD LDC)
Money for Payments To Be Held in Trust. On or before each Distribution Date (a) All payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 any Notes that are to be made from amounts withdrawn from the Bank Accounts will be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by another Note Paying Agent, and no amounts so withdrawn for payments on the Notes may be paid over to or at the direction of the Issuer, except as provided in this Section 3.3.
(b) The Indenture Trustee (including, if applicable, in its action or failure so to act. The Issuer capacity as Note Paying Agent) will, and will cause each Note Paying Agent (other than the Indenture Trustee to itself) to, execute and deliver to the Indenture Trustee Trustee, an instrument in which such Note Paying Agent shall agree agrees with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent willto:
(i) hold all sums held by it for the payment of amounts due with respect to on the Notes in trust for the benefit of the Persons entitled thereto to such sums until such sums shall be are paid to such Persons or otherwise disposed of as herein provided in this Indenture and pay such sums to such Persons as herein providedprovided in this Indenture;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(iv) immediately resign as a Note Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the eligibility standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof6.11(a) with respect to the Indenture Trustee; and
(v) comply with all requirements of the Code and any State or local tax law with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by with payments on the Issuer. Notes.
(c) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order Order, direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts terms as those upon which the sums were held by such Note Paying Agent; and upon such . Upon a Note Paying Agent’s payment by any Paying Agent of all sums held in trust to the Indenture Trustee, such Note Paying Agent shall will be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall will be discharged from such trust and be paid to the Issuer on upon Issuer Request; . After such discharge and payment, the Holder Noteholder of such Note shall thereafterwill, as an unsecured general creditor, look only to the Issuer for payment thereof of such amount due and unclaimed (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall will thereupon cease; provided. However, however, that the Indenture Trustee or such Note Paying Agent, before being required to make making any such repayment, shall will publish once, at the expense and direction of the Issuer cause to be published onceIssuer, in a newspaper published in the English language, customarily published on each Business Day in the English language and of general circulation in The City of New York, notice that such money remains unclaimed and that, that after a date specified thereinin such notice, which shall not must be less than thirty (30) at least 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall will also adopt and employ, at the expense of the Administrator and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders including notifying Noteholders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying AgentAgent of such repayment, at the last address of record for each such HolderNoteholder).
Appears in 5 contracts
Samples: Indenture (Ford Credit Auto Owner Trust 2012-A), Indenture (Ford Credit Auto Owner Trust 2012-A), Indenture (Ford Credit Auto Owner Trust 2011-B)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject All payments of amounts payable on any Notes pursuant to Section 5.08 of the Sale and Servicing Agreement8.03, the Issuer shall deposit or cause to be made from amounts deposited in the Note Distribution Payment Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by another Paying Agent, and no amounts so deposited in the Payment Account for payments of its action Notes shall be paid over to the Issuer except as provided in this Section or failure so to actSection 8.03. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such the Paying Agent shall agree agrees with the Indenture Trustee (that it will, and if the Indenture Trustee acts hereby agrees in its capacity as Paying Agent, Agent that it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to on the Notes in trust for the benefit of the Persons persons entitled thereto to them until such sums shall be they are paid to such Persons the persons entitled to them or otherwise disposed of as herein provided in this Indenture, and pay such sums them to such Persons the persons entitled to them as herein providedprovided in this Indenture;
(ii) give the Indenture Trustee written notice of any payment default by the Issuer on the Notes of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notesknowledge;
(iii) at any time during the continuance of any such payment default by on the IssuerNotes, upon at the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Paying Agentit for the payment of the Notes;
(iv) immediately resign as a Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in appointment;
(v) be bound by Section 6.12 hereof11.16; and
(vvi) comply with all requirements of the Code with respect to the withholding withhold from any payments made by it on any Notes of any applicable withholding taxes imposed thereon on them and comply with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuerrequirements. The Issuer may at any time, for the purpose of obtaining To obtain the satisfaction and discharge of this Indenture or for any other purpose, the Issuer may at any time by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held by it in trust by such Paying Agent, such trust. Those sums to shall be held by the Indenture Trustee upon on the same trusts as those upon on which the sums were held by such the Paying Agent; and upon such a . On payment by any a Paying Agent to the Indenture Trustee, such Paying Agent it shall be released from all further liability with respect to such that money. Subject to applicable laws with respect to the escheat of fundson abandoned property, any money held in trust by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to on any Note and remaining unclaimed for two years after such amount it has become due and payable shall be discharged from such the trust and be paid to the Issuer on Issuer Request; and . After that the Holder of such the unpaid Note shall thereafter, as an unsecured general creditor, look only to the Issuer for its payment thereof as an unsecured general creditor (but only to the extent of the amounts so paid to the Issuer), and . On its payment to the Issuer all liability of the Indenture Trustee or such the Paying Agent with respect to such that trust money shall thereupon cease; provided, however, that the . The Indenture Trustee or such the Paying Agent, before being required to make any such repaymentthe payment to the Issuer, shall at the expense and direction of the Issuer cause to be published onceonce a notice that the money remains unclaimed and that, after a date specified in the notice not less than 30 days from the date of the publication, any unclaimed balance of the money then remaining will be repaid to the Issuer. The notice shall be published in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such the repayment (including, but not limited to, including mailing notice of such the repayment to their last address of record to Holders whose Principal Amount Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 4 contracts
Samples: Indenture (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2006-C), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2006-B), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2006-A)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject All payments of amounts payable on any Notes pursuant to Section 5.08 of the Sale and Servicing Agreement8.03, the Issuer shall deposit or cause to be made from amounts deposited in the Note Distribution Payment Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by another Paying Agent, and no amounts so deposited in the Payment Account for payments of its action Notes shall be paid over to the Issuer except as provided in this Section or failure so to actSection 8.03. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such the Paying Agent shall agree agrees with the Indenture Trustee (that it will, and if the Indenture Trustee acts hereby agrees in its capacity as Paying Agent, Agent that it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to on the Notes in trust for the benefit of the Persons persons entitled thereto to them until such sums shall be they are paid to such Persons the persons entitled to them or otherwise disposed of as herein provided in this Indenture, and pay such sums them to such Persons the persons entitled to them as herein providedprovided in this Indenture;
(ii) give the Indenture Trustee written and the Credit Enhancer notice of any payment default by the Issuer on the Notes of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notesknowledge;
(iii) at any time during the continuance of any such payment default by on the IssuerNotes, upon at the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Paying Agentit for the payment of the Notes;
(iv) immediately resign as a Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in appointment;
(v) be bound by Section 6.12 hereof11.16; and
(vvi) comply with all requirements of the Code with respect to the withholding withhold from any payments made by it on any Notes of any applicable withholding taxes imposed thereon on them and comply with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuerrequirements. The Issuer may at any time, for the purpose of obtaining To obtain the satisfaction and discharge of this Indenture or for any other purpose, the Issuer may at any time by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held by it in trust by such Paying Agent, such trust. Those sums to shall be held by the Indenture Trustee upon on the same trusts as those upon on which the sums were held by such the Paying Agent; and upon such a . On payment by any a Paying Agent to the Indenture Trustee, such Paying Agent it shall be released from all further liability with respect to such that money. Subject to applicable laws with respect to the escheat of fundson abandoned property, any money held in trust by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to on any Note and remaining unclaimed for two years after such amount it has become due and payable shall be discharged from such the trust and be paid to the Issuer on Issuer Request; and Request with the consent of the Credit Enhancer. If any of that money had been previously deposited by the Credit Enhancer for the payment of principal or interest on the Notes, to the extent any amounts are owing to the Credit Enhancer that money shall be promptly paid to the Credit Enhancer. After that the Holder of such the unpaid Note shall thereafter, as an unsecured general creditor, look only to the Issuer for its payment thereof as an unsecured general creditor (but only to the extent of the amounts so paid to the Issuer), and . On its payment to the Issuer all liability of the Indenture Trustee or such the Paying Agent with respect to such that trust money shall thereupon cease; provided, however, that the . The Indenture Trustee or such the Paying Agent, before being required to make any such repaymentthe payment to the Issuer, shall at the expense and direction of the Issuer cause to be published onceonce a notice that the money remains unclaimed and that, after a date specified in the notice not less than 30 days from the date of the publication, any unclaimed balance of the money then remaining will be repaid to the Issuer. The notice shall be published in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such the repayment (including, but not limited to, including mailing notice of such the repayment to their last address of record to Holders whose Principal Amount Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 4 contracts
Samples: Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2006-G), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2005-I), Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2005-M)
Money for Payments To Be Held in Trust. On As provided in Section 8.02(a), all payments of principal of, or before each Distribution Date premium and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreementinterest on, the Issuer shall deposit or cause Transition Bonds that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection AccountAccount pursuant to Section 8.02(d), an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to (e) or (f) or Section 4.03 shall be held in trust for the benefit made on behalf of the Persons entitled thereto Issuer by the Bond Trustee or by another Paying Agent, and (unless no amounts so withdrawn from the Paying Agent is Collection Account for payments of Transition Bonds shall be paid over to the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to actIssuer except as provided in this Section and in Section 8.02. The Issuer will cause each Paying Agent other than the Indenture Bond Trustee to execute and deliver to the Indenture Bond Trustee an instrument in which such Paying Agent shall agree with the Indenture Bond Trustee (and if the Indenture Bond Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to principal of, or premium or interest on, the Notes Transition Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Bond Trustee written notice of any default Default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the NotesTransition Bonds) of which the Paying Agent has actual knowledge in the making of any payment required to be made with respect to the NotesTransition Bonds;
(iii) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Bond Trustee, forthwith pay to the Indenture Bond Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Bond Trustee all sums held by it the Paying Agent in trust for the payment of Notes Transition Bonds if at any time it the Paying Agent ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes Transition Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Bond Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Bond Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Bond Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Bond Trustee or any Paying Agent in trust for the payment of any amount due with respect to of principal of, premium on, if any, or interest on any Note Transition Bond and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestIssuer; and the Holder of such Note Transition Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Bond Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Bond Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Bond Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes Transition Bonds have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Bond Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 4 contracts
Samples: Indenture (Peco Energy Transition Trust), Indenture (Peco Energy Transition Trust), Indenture (Peco Energy Transition Trust)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02(a), all payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Notes that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(d) shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Note Issuer by the Indenture Trustee of its action or failure by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments with respect to actany Notes shall be paid over to the Note Issuer except as provided in this Section and Section 8.02. The Note Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Note Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time the Paying Agent determines that it ceases has ceased to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofsuch determination; and
(v) comply with all requirements of the Code and other tax laws with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Note Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Note Issuer on an Issuer Request; and and, subject to Section 11.16, the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Note Issuer for payment thereof (but only to the extent of the amounts so paid to the Note Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer Note Issuer, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Note Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Note Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 3 contracts
Samples: Indenture (CPL Transition Funding LLC), Indenture (CPL Transition Funding LLC), Indenture (Central & South West Corp)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 201_-[__] Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 201_-[__] Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 3 contracts
Samples: Indenture (Daimler Trust), Indenture (Daimler Trust), Indenture (Daimler Trust)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject All payments of amounts payable on any Notes pursuant to Section 5.08 of the Sale and Servicing Agreement8.03, the Issuer shall deposit or cause to be made from amounts deposited in the Note Distribution Payment Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by another Paying Agent, and no amounts so deposited in the Payment Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such the Paying Agent shall agree agrees with the Indenture Trustee (that it will, and if the Indenture Trustee acts hereby agrees in its capacity as Paying Agent, Agent that it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to on the Notes in trust for the benefit of the Persons persons entitled thereto to them until such sums shall be they are paid to such Persons the persons entitled to them or otherwise disposed of as herein provided in this Indenture, and pay such sums them to such Persons the persons entitled to them as herein providedprovided in this Indenture;
(ii) give the Indenture Trustee written and the Credit Enhancer notice of any payment default by the Issuer on the Notes of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notesknowledge;
(iii) at any time during the continuance of any such payment default by on the IssuerNotes, upon at the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Paying Agentit for the payment of the Notes;
(iv) immediately resign as a Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in appointment;
(v) be bound by Section 6.12 hereof11.16; and
(vvi) comply with all requirements of the Code with respect to the withholding withhold from any payments made by it on any Notes of any applicable withholding taxes imposed thereon on them and comply with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuerrequirements. The Issuer may at any time, for the purpose of obtaining To obtain the satisfaction and discharge of this Indenture or for any other purpose, the Issuer may at any time by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held by it in trust by such Paying Agent, such trust. Those sums to shall be held by the Indenture Trustee upon on the same trusts as those upon on which the sums were held by such the Paying Agent; and upon such a . On payment by any a Paying Agent to the Indenture Trustee, such Paying Agent it shall be released from all further liability with respect to such that money. Subject to applicable laws with respect to the escheat of fundson abandoned property, any money held in trust by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to on any Note and remaining unclaimed for two years after such amount it has become due and payable shall be discharged from such the trust and be paid to the Issuer on Issuer Request; and . After that the Holder of such the unpaid Note shall thereafter, as an unsecured general creditor, look only to the Issuer for its payment thereof as an unsecured general creditor (but only to the extent of the amounts so paid to the Issuer), and . On its payment to the Issuer all liability of the Indenture Trustee or such the Paying Agent with respect to such that trust money shall thereupon cease; provided, however, that the . The Indenture Trustee or such the Paying Agent, before being required to make any such repaymentthe payment to the Issuer, shall at the expense and direction of the Issuer cause to be published onceonce a notice that the money remains unclaimed and that, after a date specified in the notice not less than 30 days from the date of the publication, any unclaimed balance of the money then remaining will be repaid to the Issuer. The notice shall be published in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such the repayment (including, but not limited to, including mailing notice of such the repayment to their last address of record to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 3 contracts
Samples: Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-G), Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-E), Indenture (CWABS Revolving Home Equity Loan Trust, Series 2004-D)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02, all payments of amounts due and Redemption Date, subject payable with respect to any Notes that are to be made from amounts withdrawn from the Collection Account pursuant to Section 5.08 8.02(d) shall be made on behalf of the Sale Issuer by the Indenture Trustee or by another Paying Agent (pursuant to the written instructions of the Servicer), and no amounts so withdrawn from the Collection Account for payments of Notes shall be paid over to the Issuer, except as provided in the Pooling and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(ivd) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and upon receipt of an Issuer Request shall be paid to deposited by the Issuer on Issuer RequestIndenture Trustee in the Collection Account; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer)thereof, and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to or for the account of the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 3 contracts
Samples: Indenture (Cit Equipment Collateral 2006-Vt2), Indenture (Cit Funding Co, LLC), Indenture (CIT Equipment Collateral 2005-Ef1)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02(a), all payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Notes that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(d) shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Note Issuer by the Indenture Trustee of its action or failure by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments with respect to actany Notes shall be paid over to the Note Issuer except as provided in this Section and Section 8.02. The Note Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Note Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases determines that it has ceased to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofsuch determination; and
(v) comply with all requirements of the Code and other tax laws with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Note Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Note Issuer on an Issuer Request; and and, subject to Section 11.16, the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Note Issuer for payment thereof (but only to the extent of the amounts so paid to the Note Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer Note Issuer, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New YorkChicago, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Note Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Note Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 3 contracts
Samples: Indenture (Comed Funding LLC), Indenture (Illinois Power Securitization Limited Liability Co), Indenture (Illinois Power Securitization Limited Liability Co)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.2(a) and Redemption Date(b), subject all payments of amounts due and payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Notes that are to be deposited in the Note Distribution Account made from amounts distributed from the Collection Account, an aggregate sum sufficient Account or any other Trust Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.2(c) shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so distributed from the Collection Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note Noteholder thereof shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or Noteholders whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such HolderNoteholder).
Appears in 3 contracts
Samples: Indenture (Crestar Bank /Va), Indenture (Crestar Bank /Va), Master Indenture (Crestar Securitization LLC)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02(a), all payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Bonds that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account for each Series of Bonds pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(d) shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so withdrawn from such Collection Account for payments with respect to any Bonds of its action or failure so such Series shall be paid over to actthe Issuer except as provided in this Section and Section 8.02. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
: (i) hold all sums held by it for the payment of amounts due with respect to the Notes Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
; (ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
Bonds; (iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
; (iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes Bonds if at any time the Paying Agent determines that it ceases has ceased to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofsuch determination; and
and (v) comply with all requirements of the Code and other tax laws with respect to the withholding from any payments made by it on any Notes Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note Bond and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on an Issuer Request; and and, subject to Section 11.16, the Holder of such Note Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer Issuer, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes Bonds have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 3 contracts
Samples: Indenture (Oncor Electric Delivery Transition Bond Co LLC), Indenture (Oncor Electric Delivery Transition Bond Co LLC), Indenture (Oncor Electric Delivery Transition Bond Co LLC)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02(a), all payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Nuclear Asset-Recovery Bonds that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(d) shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Issuer by the Indenture Trustee of its action or failure by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments with respect to actany Nuclear Asset-Recovery Bonds shall be paid over to the Issuer except as provided in this Section 3.03 and Section 8.02. Each Paying Agent shall meet the eligibility criteria set forth for any Indenture Trustee under Section 6.11. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes Nuclear Asset-Recovery Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee unless the Indenture Trustee is the Paying Agent, the Commission and the Rating Agencies written notice of any default Default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the NotesNuclear Asset-Recovery Bonds;
(iiic) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(ivd) immediately immediately, with notice to the Rating Agencies, resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes Nuclear Asset-Recovery Bonds if at any time the Paying Agent determines that it ceases has ceased to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofsuch determination; and
(ve) comply with all requirements of the Code Code, the Treasury regulations promulgated thereunder and other tax laws with respect to the withholding from any payments made by it on any Notes Nuclear Asset-Recovery Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and and, upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat escheatment of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note Nuclear Asset-Recovery Bond and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on upon receipt of an Issuer Request; and and, subject to Section 10.14, the Holder of such Note Nuclear Asset-Recovery Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repaymentat the request of the Issuer, shall shall, at the expense of the Issuer Issuer, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 3 contracts
Samples: Indenture (Duke Energy Florida, Llc.), Indenture (Duke Energy Florida, Llc.), Indenture (Duke Energy Florida, Llc.)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate a sum sufficient to pay the amounts then becoming due under the Class A Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee Trustee, the Class A Insurer and the Backup Insurer an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Class A Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee Trustee, the Class A Insurer and the Backup Insurer written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Class A Notes) in the making of any payment required to be made with respect to the Class A Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, or, prior to the Class A Termination Date, the Controlling Party, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Class A Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Class A Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Class A Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request, with the written consent of the Controlling Party if the Class A Termination Date has not occurred; and the Holder of such Class A Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Class A Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 3 contracts
Samples: Indenture (Credit Acceptance Corporation), Indenture (Credit Acceptance Corporation), Indenture (Credit Acceptance Corporation)
Money for Payments To Be Held in Trust. (a) All payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the applicable Term Note Distribution Account or Revolver Distribution Account pursuant to the applicable Officer's Issuance Certificate shall be made on behalf of the Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so withdrawn from the applicable Term Note Distribution Account or the Revolver Distribution Account for payments of Term Notes or Revolving Notes, respectively, shall be paid over to the Issuer except as provided in this Section 3.3.
(b) On or before each Distribution date on which payments are to be made or the Redemption Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement(if applicable), the Issuer shall deposit or cause to be deposited in the applicable Term Note Distribution Account from and the Collection Account, an Revolver Distribution Account (including pursuant to Section 4.5 of the Trust Sale and Servicing Agreement) aggregate sum sums sufficient to pay the amounts then becoming due under with respect to the Term Notes and Revolving Notes, respectively, such sum sums to be held in trust for the benefit of the Persons entitled thereto and thereto.
(unless the Paying Agent is the Indenture Trusteec) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will shall cause each Paying Agent Agent, other than the Indenture Trustee Trustee, to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.3, that such Paying Agent willshall:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent in effect at the time of its appointment specified in Section 6.12 hereofdetermination; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. therewith.
(d) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. .
(e) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years one year after such amount has become due and payable shall be discharged from such trust and be paid by the Indenture Trustee to the Issuer on Issuer RequestIssuer; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repaymentpayment, shall may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will shall be repaid paid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 3 contracts
Samples: Indenture (Asset Backed Securities Corp), Indenture (Wholesale Auto Receivables Corp), Indenture (Ace Securities Corp)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02(a), all payments of amounts due and Redemption Date, subject payable with respect to any Rate Stabilization Bonds that are to be made from amounts withdrawn from the applicable Collection Account pursuant to Section 5.08 8.02(d) shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee of its action or failure by another Paying Agent, and no amounts so withdrawn from such applicable Collection Account for payments with respect to actany Rate Stabilization Bonds shall be paid over to the Issuer except as provided in this Section 3.03 and Section 8.02. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes Rate Stabilization Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default Default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the NotesRate Stabilization Bonds;
(iii) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes Rate Stabilization Bonds if at any time the Paying Agent determines that it ceases has ceased to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofsuch determination; and
(v) comply with all requirements of the Code and other tax laws with respect to the withholding from any payments made by it on any Notes Rate Stabilization Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note Rate Stabilization Bond and remaining unclaimed for two (2) years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on an Issuer Request; and and, subject to Section 10.11, the Holder of such Note Rate Stabilization Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer Issuer, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (RSB Bondco LLC), Indenture (RSB Bondco LLC)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2018-A Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2018-A Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2018-A), Indenture (Mercedes-Benz Auto Lease Trust 2018-A)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2017-A Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2017-A Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2017-A), Indenture (Mercedes-Benz Auto Lease Trust 2017-A)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2021-B Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2021-B Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2021-B), Indenture (Mercedes-Benz Auto Lease Trust 2021-B)
Money for Payments To Be Held in Trust. On or before each Distribution Date (a) All payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 any Notes that are to be made from amounts withdrawn from the Bank Accounts will be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by another Note Paying Agent, and no amounts so withdrawn for payments on the Notes may be paid over to or at the direction of the Issuer, except as provided in this Section 3.3.
(b) The Indenture Trustee (including, if applicable, in its action or failure so to act. The Issuer capacity as Note Paying Agent) will, and will cause each Note Paying Agent (other than the Indenture Trustee to itself) to, execute and deliver to the Indenture Trustee Trustee, an instrument in which such Note Paying Agent shall agree agrees with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent willto:
(i) hold all sums held by it for the payment of amounts due with respect to on the Notes in trust for the benefit of the Persons entitled thereto to such sums until such sums shall be are paid to such Persons or otherwise disposed of as herein provided in this Indenture and pay such sums to such Persons as herein providedprovided in this Indenture;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(iv) immediately resign as a Note Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the eligibility standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof6.11(a) with respect to the Indenture Trustee; and
(v) comply with all requirements of the Code and any State or local tax law with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by with payments on the Issuer. Notes.
(c) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order Order, direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts terms as those upon which the sums were held by such Note Paying Agent; and upon such . Upon a Note Paying Agent’s payment by any Paying Agent of all sums held in trust to the Indenture Trustee, such Note Paying Agent shall will be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall will be discharged from such trust and be paid to the Issuer on upon Issuer Request; . After such discharge and payment, the Holder Noteholder of such Note shall thereafterwill, as an unsecured general creditor, look only to the Issuer for payment thereof of such amount due and unclaimed (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall will thereupon cease; provided. However, however, that the Indenture Trustee or such Note Paying Agent, before being required to make making any such repayment, shall will publish once, at the expense and direction of the Issuer cause to be published onceIssuer, in a newspaper published in the English language, customarily published on each Business Day in the English language and of general circulation in The City of New York, notice that such money remains unclaimed and that, that after a date specified thereinin such notice, which shall not must be less than thirty (30) at least 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall will also adopt and employ, at the expense of the Indenture Administrator and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders including notifying Noteholders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying AgentAgent of such repayment, at the last address of record for each such HolderNoteholder).
Appears in 2 contracts
Samples: Indenture (Ford Credit Auto Lease Trust 2011-B), Indenture (Ford Credit Auto Lease Trust 2011-B)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2015-A Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2015-A Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2015-A), Indenture (Mercedes-Benz Auto Lease Trust 2015-A)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02(a), all payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Bonds that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(e) shall be held in trust for the benefit made on behalf of the Persons entitled thereto Bond Issuer by the Bond Trustee or by another Paying Agent, and (unless no amounts so withdrawn from the Paying Agent is Collection Account for payments of Bonds shall be paid over to the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to actBond Issuer except as provided in this Section 3.03 and Section 8.02. The Bond Issuer will cause each Paying Agent other than the Indenture Bond Trustee to execute and deliver to the Indenture Bond Trustee an instrument in which such Paying Agent shall agree with the Indenture Bond Trustee (and if the Indenture Bond Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Bond Trustee written and the Certificate Trustee notice of any default Default by the Bond Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the NotesBonds) of which it has actual knowledge in the making of any payment required to be made with respect to the NotesBonds;
(iiic) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Bond Trustee, forthwith pay to the Indenture Bond Trustee all sums so held in trust by such Paying Agent;
(ivd) immediately resign as a Paying Agent and forthwith pay to the Indenture Bond Trustee all sums held by it in trust for the payment of Notes Bonds if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Bond Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Bond Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Bond Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Bond Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Bond Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Bond Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note Bond and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Bond Issuer on Issuer Request; and and, subject to Section 11.16, the Holder of such Note Bond shall thereafter, as an unsecured general creditor, look only to the Bond Issuer for payment thereof (but only to the extent of the amounts so paid to the Bond Issuer), and all liability of the Indenture Bond Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Bond Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Bond Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Bond Issuer. The Indenture Bond Trustee shall may also adopt and employ, at the expense of the Bond Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Bond Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013), Bond Indenture (FirstEnergy Ohio PIRB Special Purpose Trust 2013)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02(a), all payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Notes that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(d) shall be held in trust for the benefit made on behalf of the Persons entitled thereto Note Issuer by the Note Trustee or by another Paying Agent, and (unless no amounts so withdrawn from the Paying Agent is Collection Account for payments of Notes shall be paid over to the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to actNote Issuer except as provided in this Section and Section 8.02. The Note Issuer will cause each Paying Agent other than the Indenture Note Trustee to execute and deliver to the Indenture Note Trustee an instrument in which such Paying Agent shall agree with the Indenture Note Trustee (and if the Indenture Note Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Note Trustee written and the Certificate Trustee notice of any default Default by the Note Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Note Trustee, forthwith pay to the Indenture Note Trustee all sums so held in trust by such Paying Agent;
(ivd) immediately resign as a Paying Agent and forthwith pay to the Indenture Note Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Note Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Note Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Note Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Note Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Note Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of fundsfunds or other applicable abandoned property law, any money held by the Indenture Note Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Note Issuer on Issuer Request; and and, subject to Section 11.16, the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Note Issuer for payment thereof (but only to the extent of the amounts so paid to the Note Issuer), and all liability of the Indenture Note Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Note Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Note Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Note Issuer. The Indenture Note Trustee shall may also adopt and employ, at the expense of the Note Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Note Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Note Indenture (Wmeco Funding LLC), Note Indenture (Wmeco Funding LLC)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2020-A Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2020-A Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2020-A), Indenture (Mercedes-Benz Auto Lease Trust 2020-A)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2015-B Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2015-B Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2015-B), Indenture (Mercedes-Benz Auto Lease Trust 2015-B)
Money for Payments To Be Held in Trust. On or before each Distribution Date (a) As provided in Section 8.2(a), all payments of principal of and Redemption Date, subject to Section 5.08 of interest on the Sale and Servicing Agreement, the Issuer shall deposit or cause BGS Transition Bonds that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection AccountAccount pursuant to Section 8.2(g), an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to or Section 4.3 shall be held in trust for the benefit made on behalf of the Persons entitled thereto Issuer by the Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments of BGS Transition Bonds shall be paid over to the Issuer except as provided in this Section 3.3 and in Section 8.2.
(unless the Paying Agent is the Indenture Trusteeb) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.3, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to principal of or interest on the Notes BGS Transition Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written and the BPU notice of any default Default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the NotesBGS Transition Bonds) of which the Paying Agent has actual knowledge in the making of any payment required to be made with respect to the NotesBGS Transition Bonds;
(iii) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it the Paying Agent in trust for the payment of Notes BGS Transition Bonds if at any time it the Paying Agent ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes BGS Transition Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. therewith.
(c) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to of principal of or interest on any Note BGS Transition Bond and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestIssuer; and the Holder of such Note BGS Transition Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, and in an Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes BGS Transition Bonds have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (PSE&G Transition Funding II LLC), Indenture (PSE&G Transition Funding II LLC)
Money for Payments To Be Held in Trust. On or before each Distribution Date (a) All payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause Notes that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to Excess Funding Account or any Series Account will be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Issuer by the Indenture Trustee or by another Note Paying Agent for the related Series, and no amounts so withdrawn for payments on the Notes may be paid over to or at the direction of the Issuer, except as provided in this Section 3.3 and in the Indenture Supplements.
(b) The Indenture Trustee (including, if applicable, in its action or failure so to act. The Issuer capacity as Note Paying Agent) will, and will cause each Note Paying Agent (other than the Indenture Trustee to itself) for a Series to, execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree agrees with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent willto:
(i) hold all sums held by it for the payment of amounts due with respect to on the related Notes in trust for the benefit of the Persons entitled thereto to such sums until such sums shall be are paid to such Persons or otherwise disposed of as herein provided in this Indenture and the related Indenture Supplement and pay such sums to such Persons as herein providedprovided in this Indenture and such Indenture Supplement;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the related Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(iv) immediately resign as a Note Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of related Notes if at any time it ceases to meet the eligibility standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof6.10 with respect to the Indenture Trustee; and
(v) comply with all requirements of the Code and any State or local tax law with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by with payments on the Issuer. related Notes.
(c) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts terms as those upon which the sums were held by such Note Paying Agent; and upon such . Upon a Note Paying Agent’s payment by any Paying Agent of all sums held in trust to the Indenture Trustee, such Note Paying Agent shall will be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall will be discharged from such trust and be paid to the Issuer on upon Issuer Request; . After such discharge and payment, the Holder Noteholder of such Note shall thereafterwill, as an unsecured general creditor, look only to the Issuer for payment thereof of such amount due and unclaimed (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon will cease; provided. However, however, that the Indenture Trustee or such Note Paying Agent, before being required to make making any such repayment, shall will publish once, at the expense and direction of the Issuer cause to be published onceIssuer, in a newspaper published in the English language, customarily published on each Business Day in the English language and of general circulation in The City of New York, notice that such money remains unclaimed and that, that after a date specified thereinin such notice, which shall not must be less than thirty (30) at least 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall will also adopt and employ, at the expense of the Administrator and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders including notifying Noteholders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying AgentAgent of such repayment, at the last address of record for each such HolderNoteholder).
Appears in 2 contracts
Samples: Indenture (Ford Credit Floorplan LLC), Indenture (Ford Credit Floorplan Corp)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2024-A Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2024-A Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2024-A), Indenture (Mercedes-Benz Auto Lease Trust 2024-A)
Money for Payments To Be Held in Trust. On If the Company shall at any time act as its own Paying Agent, it will, on or before each Distribution Date and Redemption Date, subject to Section 5.08 due date of the Sale principal of or interest on any of the Notes, segregate and Servicing Agreement, hold in trust for the Issuer shall deposit or cause to be deposited in benefit of the Note Distribution Account from the Collection Account, an aggregate Persons entitled thereto a sum sufficient to pay the amounts then principal or interest so becoming due under until such sums shall be paid to such Persons or otherwise disposed of as herein provided, and will promptly notify the Trustee of its action or failure so to act. Whenever the Company shall have one or more Paying Agents for the Notes, it will, on or before each due date of the principal of or interest on any Notes, deposit with a Paying Agent a sum in same day funds (or New York Clearing House funds if such deposit is made prior to the date on which such deposit is required to be made) sufficient to pay the principal or interest so becoming due (or at the option of the Company, payment of interest may be mailed by check to the Holders of the Notes at their respective addresses set forth in the register of Holders of Notes; provided that all payments with respect to Notes represented by one or more permanent Global Notes will be paid by wire transfer of immediately available funds to the account of the Depository or any successor thereto) such sum to be held in trust for the benefit of the Persons entitled thereto to such principal or interest and (unless the such Paying Agent is the Indenture Trustee) shall the Company will promptly notify the Indenture Trustee of its such action or any failure so to act. The Issuer Company will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees)Trustee, subject to the provisions of this Section, that such Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the principal of or interest on Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge Company (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notesof principal or interest;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof; and
(vd) acknowledge, accept and agree to comply in all respects with all requirements the provisions of the Code with respect this Indenture relating to the withholding from any payments made by it on any Notes duties, rights and obligations of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuersuch Paying Agent. The Issuer Company may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order pay, or direct any Paying Agent to pay pay, to the Indenture Trustee all sums held in trust by the Company or such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the such sums were held by the Company or such Paying Agent; and and, upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Any money deposited with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent Agent, or then held by the Company, in trust for the payment of any amount due with respect to the principal of or interest on any Note and remaining unclaimed for two (2) years after such amount principal or interest has become due and payable shall be paid to the Company at the request of the Company or (if then held by the Company) shall be discharged from such trust and be paid to the Issuer on Issuer Requesttrust; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer Company for payment thereof (but only to the extent of the amounts so paid to the Issuer)thereof, and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money money, and all liability of the Company as trustee thereof, shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer Company (i) cause to be published once, in a newspaper published in the English language, customarily published on each Business Day The New York Times and of general circulation in The City of New YorkWall Street Journal (national edition), notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such notification or publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee Company, and (ii) cause notice to be promptly sent to each Holder that such money remains unclaimed and that, after a date specified therein, which shall also adopt and employ, at not be less than 30 days from the expense date of the Issuersuch notification, any other reasonable means of notification unclaimed balance of such repayment (including, but not limited to, mailing notice of such repayment money then remaining will be repaid to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder)Company.
Appears in 2 contracts
Samples: Indenture (Avatex Corp), Indenture (Avatex Funding Inc)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2024-B Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2024-B Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2024-B), Indenture (Mercedes-Benz Auto Lease Trust 2024-B)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02(a), all payments of amounts due and Redemption Date, subject payable with respect to any Transition Bonds that are to be made from amounts withdrawn from the applicable Collection Account pursuant to Section 5.08 8.02(d) shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee of its action or failure by another Paying Agent, and no amounts so withdrawn from such applicable Collection Account for payments with respect to actany Transition Bonds shall be paid over to the Issuer except as provided in this Section 3.03 and Section 8.02. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) : hold all sums held by it for the payment of amounts due with respect to the Notes Transition Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) ; give the Indenture Trustee written notice of any default Default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) Transition Bonds; at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) ; immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes Transition Bonds if at any time the Paying Agent determines that it ceases has ceased to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofsuch determination; and
(v) and comply with all requirements of the Code and other tax laws with respect to the withholding from any payments made by it on any Notes Transition Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note Transition Bond and remaining unclaimed for two (2) years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on an Issuer Request; and and, subject to Section 10.16, the Holder of such Note Transition Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer Issuer, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Entergy Gulf States Reconstruction Funding I, LLC), Indenture (Entergy Gulf States Reconstruction Funding I, LLC)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuer, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(ivd) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Credit Acceptance Corp), Indenture (Credit Acceptance Corp)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2020-B Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2020-B Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2020-B), Indenture (Mercedes-Benz Auto Lease Trust 2020-B)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2016-B Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2016-B Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2016-B), Indenture (Mercedes-Benz Auto Lease Trust 2016-B)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02(a), all payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Investment Recovery Bonds that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(d) shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Issuer by the Indenture Trustee of its action or failure by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments with respect to actany Investment Recovery Bonds shall be paid over to the Issuer except as provided in this Section 3.03 and Section 8.02. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes Investment Recovery Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default Default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the NotesInvestment Recovery Bonds;
(iii) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes Investment Recovery Bonds if at any time the Paying Agent determines that it ceases has ceased to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofsuch determination; and
(v) comply with all requirements of the Code and other tax laws with respect to the withholding from any payments made by it on any Notes Investment Recovery Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note Investment Recovery Bond and remaining unclaimed for two (2) years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on an Issuer Request; and and, subject to Section 10.15, the Holder of such Note Investment Recovery Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer Issuer, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Entergy Louisiana Investment Recovery Funding I, L.L.C.), Indenture (Entergy Louisiana Investment Recovery Funding I, L.L.C.)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2019-B Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2019-B Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2019-B), Indenture (Mercedes-Benz Auto Lease Trust 2019-B)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2012-A Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2012-A Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2012-A), Indenture (Mercedes-Benz Auto Lease Trust 2012-A)
Money for Payments To Be Held in Trust. On or before each Distribution Date (a) As provided in Section 8.02(a), all payments of Principal of and Redemption Date, subject to Section 5.08 of interest on the Sale and Servicing Agreement, the Issuer shall deposit or cause Transition Bonds that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(g) or Section 4.03 shall be held in trust for the benefit made on behalf of the Persons entitled thereto Issuer by the Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments of Transition Bonds shall be paid over to the Issuer except as provided in this Section 3.03 and in Section 8.02.
(unless the Paying Agent is the Indenture Trusteeb) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to Principal of or interest on the Notes Transition Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default Default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the NotesTransition Bonds) of which the Paying Agent has actual knowledge in the making of any payment required to be made with respect to the NotesTransition Bonds;
(iii) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it the Paying Agent in trust for the payment of Notes Transition Bonds if at any time it the Paying Agent ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes Transition Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. therewith.
(c) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to of Principal of or interest on any Note Transition Bond and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on upon Issuer RequestOrder; and the Holder of such Note Transition Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, and in an Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes Transition Bonds have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (JCP&L Transition Funding II LLC), Indenture (JCP&L Transition Funding II LLC)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2014-A Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2014-A Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2014-A), Indenture (Mercedes-Benz Auto Lease Trust 2014-A)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2023-A Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2023-A Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2023-A), Indenture (Mercedes-Benz Auto Lease Trust 2023-A)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2019-A Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2019-A Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2019-A), Indenture (Mercedes-Benz Auto Lease Trust 2019-A)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee and the Insurer an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee and the Insurer written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(iv) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; , and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Prudential Securities Secured Financing Corp), Indenture (Prudential Securities Secured Financing Corp)
Money for Payments To Be Held in Trust. On or before each Distribution Date (a) As provided in Section 8.02(a), all payments of principal of and Redemption Date, subject to Section 5.08 of interest on the Sale and Servicing Agreement, the Issuer shall deposit or cause Transition Bonds that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection AccountAccount pursuant to Section 8.02(g), an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to or Section 4.03 shall be held in trust for the benefit made on behalf of the Persons entitled thereto Issuer by the Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments of Transition Bonds shall be paid over to the Issuer except as provided in this Section 3.03 and in Section 8.02.
(unless the Paying Agent is the Indenture Trusteeb) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to principal of or interest on the Notes Transition Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default Default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the NotesTransition Bonds) of which the Paying Agent has actual knowledge in the making of any payment required to be made with respect to the NotesTransition Bonds;
(iii) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it the Paying Agent in trust for the payment of Notes Transition Bonds if at any time it the Paying Agent ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes Transition Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. therewith.
(c) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to of principal of or interest on any Note Transition Bond and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestIssuer; and the Holder of such Note Transition Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, and in an Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes Transition Bonds have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Pse&g Transition Funding LLC), Indenture (Pse&g Transition Funding LLC)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption DateAS PROVIDED IN SECTION 8.02(A), subject to Section 5.08 of the Sale and Servicing AgreementALL PAYMENTS OF AMOUNTS DUE AND PAYABLE WITH RESPECT TO ANY STORM RECOVERY BONDS THAT ARE TO BE MADE FROM AMOUNTS WITHDRAWN FROM THE COLLECTION ACCOUNT PURSUANT TO SECTION 8.02(D) SHALL BE MADE ON BEHALF OF THE ISSUER BY THE INDENTURE TRUSTEE OR BY ANOTHER PAYING AGENT, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to actAND NO AMOUNTS SO WITHDRAWN FROM THE COLLECTION ACCOUNT FOR PAYMENTS WITH RESPECT TO ANY STORM RECOVERY BONDS SHALL BE PAID OVER TO THE ISSUER EXCEPT AS PROVIDED IN THIS SECTION 3.03 AND SECTION 8.02. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes Storm Recovery Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default Default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the NotesStorm Recovery Bonds;
(iii) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes Storm Recovery Bonds if at any time the Paying Agent determines that it ceases has ceased to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofsuch determination; and
(v) comply with all requirements of the Code and other tax laws with respect to the withholding from any payments made by it on any Notes Storm Recovery Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note Storm Recovery Bond and remaining unclaimed for two (2) years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on an Issuer Request; and and, subject to Section 10.15, the Holder of such Note Storm Recovery Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer Issuer, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Entergy Arkansas Restoration Funding, LLC), Indenture (Entergy Arkansas Restoration Funding, LLC)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2018-B Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2018-B Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2018-B), Indenture (Mercedes-Benz Auto Lease Trust 2018-B)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2016-A Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2016-A Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2016-A), Indenture (Mercedes-Benz Auto Lease Trust 2016-A)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 All payments of the Sale and Servicing Agreement, the Issuer shall deposit or cause amounts payable on any Notes that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.03 shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such the Paying Agent shall agree agrees with the Indenture Trustee (that it will, and if the Indenture Trustee acts hereby agrees in its capacity as Paying Agent, Agent that it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to on the Notes in trust for the benefit of the Persons persons entitled thereto to them until such sums shall be they are paid to such Persons the persons entitled to them or otherwise disposed of as herein provided in this Indenture, and pay such sums them to such Persons the persons entitled to them as herein providedprovided in this Indenture;
(ii) give the Indenture Trustee written and the Credit Enhancer notice of any payment default by the Issuer on the Notes of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notesknowledge;
(iii) at any time during the continuance of any such payment default by on the IssuerNotes, upon at the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Paying Agentit for the payment of the Notes;
(iv) immediately resign as a Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in appointment;
(v) be bound by Section 6.12 hereof11.16; and
(vvi) comply with all requirements of the Code with respect to the withholding withhold from any payments made by it on any Notes of any applicable withholding taxes imposed thereon on them and comply with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuerrequirements. The Issuer may at any time, for the purpose of obtaining To obtain the satisfaction and discharge of this Indenture or for any other purpose, the Issuer may at any time by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held by it in trust by such Paying Agent, such trust. Those sums to shall be held by the Indenture Trustee upon on the same trusts as those upon on which the sums were held by such the Paying Agent; and upon such a . On payment by any a Paying Agent to the Indenture Trustee, such Paying Agent it shall be released from all further liability with respect to such that money. Subject to applicable laws with respect to the escheat of fundson abandoned property, any money held in trust by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to on any Note and remaining unclaimed for two years after such amount it has become due and payable shall be discharged from such the trust and be paid to the Issuer on Issuer Request; and Request with the consent of the Credit Enhancer. If such money or portion thereof had been previously deposited by the Credit Enhancer for the payment of principal or interest on the Notes, to the extent any amounts are owing to the Credit Enhancer such amounts shall be promptly paid to the Credit Enhancer. After that the Holder of such the unpaid Note shall thereafter, as an unsecured general creditor, look only to the Issuer for its payment thereof as an unsecured general creditor (but only to the extent of the amounts so paid to the Issuer), and . On its payment to the Issuer all liability of the Indenture Trustee or such the Paying Agent with respect to such that trust money shall thereupon cease; provided, however, that the . The Indenture Trustee or such the Paying Agent, before being required to make any such repaymentthe payment to the Issuer, shall at the expense and direction of the Issuer cause to be published onceonce a notice that the money remains unclaimed and that, after a date specified in the notice not less than 30 days from the date of the publication, any unclaimed balance of the money then remaining will be repaid to the Issuer. The notice shall be published in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such the repayment (including, but not limited to, including mailing notice of such the repayment to their last address of record to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Cwabs Inc), Indenture (Cwabs Inc)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02(a), all payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Notes that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(d) shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Note Issuer by the Indenture Trustee of its action or failure by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments with respect to actany Notes shall be paid over to the Note Issuer except as provided in this Section and Section 8.02. The Note Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Note Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases determines that it has ceased to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofsuch determination; and
(v) comply with all requirements of the Code and other tax laws with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Note Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Note Issuer on an Issuer Request; and and, subject to Section 11.18, the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Note Issuer for payment thereof (but only to the extent of the amounts so paid to the Note Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer Note Issuer, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New YorkChicago, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Note Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Note Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Illinois Power Securitization Limited Liability Co), Indenture (Comed Funding LLC)
Money for Payments To Be Held in Trust. As provided in Section 8.2(a) and (b), all payments of amounts due and payable with respect to any Notes that are to be made from amounts distributed from the Collection Account, or deposited into the Collection Account from the Supplemental Purchase Account, the Add-On Consolidation Loan Account, the Capitalized Interest Account or the Reserve Account, pursuant to Sections 2.7 and 2.8 of the Administration Agreement shall be made on behalf of the Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so distributed from the Collection Account for payments to Noteholders shall be paid over to the Issuer except as provided in this Section. On or before the Business Day next preceding each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit distribute or cause to be deposited in distributed to the Note Distribution Account from the Collection Account, Indenture Trustee (or any other Paying Agent) an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of payments due under the Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestRequest or if the Issuer has been terminated to the Depositor upon its written request; and the Holder of such Note Noteholder thereof shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New YorkYork and in Luxembourg, so long as any of the Notes are listed on the Luxembourg Stock Exchange and the rules of such Exchange so require, or in such other jurisdiction if any of the Notes are listed on another stock exchange of international standing and the rules of such other exchange so require, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders Noteholders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such HolderNoteholder).
Appears in 2 contracts
Samples: Indenture (SLM Student Loan Trust 2005-3), Indenture (SLM Student Loan Trust 2005-4)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2021-A Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2021-A Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mercedes-Benz Auto Lease Trust 2021-A), Indenture (Mercedes-Benz Auto Lease Trust 2021-A)
Money for Payments To Be Held in Trust. On or before each As provided in Section 8.02(a) and (b) hereof, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 8.02(c) hereof shall be made on behalf of the Sale Issuer by the Indenture Trustee or by the Paying Agent, and Servicing Agreement, no amounts so withdrawn from the Distribution Account for payments of Notes shall be paid over to the Issuer shall deposit or cause to be deposited except as provided in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the this Section 3.03. Any Paying Agent is shall be appointed by the Initial Noteholder with written notice thereof to the Indenture Trustee) . The Issuer shall promptly notify not appoint any Paying Agent (other than the Indenture Trustee or Servicer) which is not, at the time of its action or failure so to actsuch appointment, a Depository Institution. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default Default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Majority Noteholders or the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each casetherewith; provided, as instructed by however, that with respect to withholding and reporting requirements applicable to original issue discount (if any) on the IssuerNotes, the Issuer shall have first provided the calculations pertaining thereto to the Indenture Trustee. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of fundsfunds or abandoned property, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published oncepublished, once in a newspaper of general circulation in the City of New York customarily published in the English language, customarily published language on each Business Day and of general circulation in The City of New YorkDay, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, employ any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders Noteholders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is at the last address of record for each such Noteholder determinable from the records of the Indenture Trustee or of any Paying Agent, at ). Any costs and expenses of the last address Indenture Trustee and the Paying Agent incurred in the holding of record for each such Holder)funds shall be charged against such funds. Monies so held shall not bear interest.
Appears in 2 contracts
Samples: Indenture (H&r Block Inc), Indenture (H&r Block Inc)
Money for Payments To Be Held in Trust. On or before each Distribution Date (a) As provided in Section 8.02(a), all payments of Principal of and Redemption Date, subject to Section 5.08 of Interest on the Sale and Servicing Agreement, the Issuer shall deposit or cause Bonds that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(d) or Section 4.03 shall be held in trust for the benefit made on behalf of the Persons entitled thereto Issuer by the Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments of Bonds shall be paid to the Issuer except as provided in this Section 3.03 and in Section 8.02.
(unless the Paying Agent is the Indenture Trusteeb) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to Principal of or Interest on the Notes Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written Trustee, the Commission, and the Rating Agencies notice of any default Default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the NotesBonds) of which the Paying Agent has actual knowledge in the making of any payment required to be made with respect to the NotesBonds;
(iii) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it the Paying Agent in trust for the payment of Notes Bonds if at any time it the Paying Agent ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. therewith.
(c) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of fundsabandoned property, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to of Principal of or Interest on any Note Bond and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestIssuer; and the Holder of such Note Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys money due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agenta Fiduciary, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Florida Power & Light Co), Indenture (FPL Recovery Funding LLC)
Money for Payments To Be Held in Trust. (a) As provided in Section 8.2, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Collection Account, the Reserve Account, the Yield Supplement Account and the Note Payment Account shall be made on behalf of the Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account, the Reserve Account, the Yield Supplement Account and the Note Payment Account for payments of Notes shall be paid over to the Issuer, except as provided in this Section 3.3.
(b) On or before each Distribution Payment Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Payment Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto thereto, and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. .
(c) The Issuer will shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.3, that such Paying Agent willshall:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code and any state or local tax law with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two (2) years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will shall be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 2 contracts
Samples: Indenture (Mmca Auto Owner Trust 2001-1), Indenture (Mmca Auto Receivables Trust)
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2013-A Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2013-A Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Security Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee Trustee, the Insurer and Xxxxxxx Mac an instrument in which such Security Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Security Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Security Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes Securities in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the NotesSecurities) of which it has actual knowledge in the making of any payment required to be made with respect to the NotesSecurities;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Security Paying Agent;
(iv) immediately resign as a Security Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes Securities if at any time it ceases to meet the standards required to be met by a Security Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes Securities of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture Pooling Agreement or for any other purpose, by Issuer Order direct any Security Paying Agent to pay to the Indenture Trustee all sums held in trust by such Security Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Security Paying Agent; and upon such a payment by any Security Paying Agent to the Indenture Trustee, such Security Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Security Paying Agent in trust for the payment of any amount due with respect to any Note Security and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request, and shall be deposited by the Trustee in the Collection Account; and the Holder of such Note Security shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Security Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Pooling Agreement and Indenture (Greenpoint Mortgage Securities Inc/)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee and the Insurer an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee and the Insurer written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture TrusteeTrustee with the consent of the Insurer, if the Insurer is the Controlling Party, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(iv) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer Issuer, with the prior consent of the Insurer, on Issuer Request, and shall be deposited by the Indenture Trustee in the Collection Account; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee Trustee, the Insurer or such Note Paying Agent with respect to such trust money shall thereupon cease; providedPROVIDED, howeverHOWEVER, that if such money or any portion thereof had been previously deposited by the Insurer with the Indenture Trustee for the payment of principal or such Paying Agentinterest on the Notes, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee extent any amounts are owing to the Insurer, such amounts shall also adopt and employ, at be paid promptly to the expense Insurer upon receipt of a written request by the Issuer, any other reasonable means of notification of Insurer to such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder)effect.
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer Trust will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge Trust (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code and any applicable state tax laws with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer Trust, at the direction of the Depositor, may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two (2) years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestTrust; and the Holder of such Note related Noteholder shall thereafter, as an unsecured general creditor, look only to the Issuer Trust for payment thereof (but only to the extent of the amounts so paid to the IssuerTrust), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Payment Date, subject to Section 5.08 the Servicer on behalf of the Sale and Servicing Agreement, the Issuer Trust shall deposit or cause to be deposited in the Note Distribution Account Collection Account, but only from the Collection Accountsources described herein, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent paying agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer Servicer on behalf of the Trust will cause each Paying Agent paying agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent paying agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agentpaying agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent paying agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge Trust (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agentpaying agent;
(iv) immediately resign as a Paying Agent paying agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent paying agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer Trust may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent paying agent to pay to the Indenture Trustee all sums held in trust by such Paying Agentpaying agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agentpaying agent; and upon such a payment by any Paying Agent paying agent to the Indenture Trustee, such Paying Agent paying agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject All payments of amounts payable on any Notes pursuant to Section 5.08 of the Sale and Servicing Agreement8.03, the Issuer shall deposit or cause to be made from amounts deposited in the Note Distribution Payment Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by another Paying Agent, and no amounts so deposited in the Payment Account for payments of its action Notes shall be paid over to the Issuer except as provided in this Section or failure so to actSection 8.03. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such the Paying Agent shall agree agrees with the Indenture Trustee (that it will, and if the Indenture Trustee acts hereby agrees in its capacity as Paying Agent, Agent that it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to on the Notes in trust for the benefit of the Persons persons entitled thereto to them until such sums shall be they are paid to such Persons the persons entitled to them or otherwise disposed of as herein provided in this Indenture, and pay such sums them to such Persons the persons entitled to them as herein providedprovided in this Indenture;
(ii) give the Indenture Trustee written and the Credit Enhancer notice of any payment default by the Issuer on the Notes of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notesknowledge;
(iii) at any time during the continuance of any such payment default by on the IssuerNotes, upon at the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Paying Agentit for the payment of the Notes;
(iv) immediately resign as a Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in appointment;
(v) be bound by Section 6.12 hereof11.16; and
(vvi) comply with all requirements of the Code with respect to the withholding withhold from any payments made by it on any Notes of any applicable withholding taxes imposed thereon on them and comply with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuerrequirements. The Issuer may at any time, for the purpose of obtaining To obtain the satisfaction and discharge of this Indenture or for any other purpose, the Issuer may at any time by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held by it in trust by such Paying Agent, such trust. Those sums to shall be held by the Indenture Trustee upon on the same trusts as those upon on which the sums were held by such the Paying Agent; and upon such a . On payment by any a Paying Agent to the Indenture Trustee, such Paying Agent it shall be released from all further liability with respect to such that money. Subject to applicable laws with respect to the escheat of fundson abandoned property, any money held in trust by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to on any Note and remaining unclaimed for two years after such amount it has become due and payable shall be discharged from such the trust and be paid to the Issuer on Issuer Request; and Request with the consent of the Credit Enhancer (which consent shall not be unreasonably withheld). If any of that money had been previously deposited by the Credit Enhancer for the payment of principal or interest on the Notes, to the extent any amounts are owing to the Credit Enhancer that money shall be promptly paid to the Credit Enhancer. After that the Holder of such the unpaid Note shall thereafter, as an unsecured general creditor, look only to the Issuer for its payment thereof as an unsecured general creditor (but only to the extent of the amounts so paid to the Issuer), and . On its payment to the Issuer all liability of the Indenture Trustee or such the Paying Agent with respect to such that trust money shall thereupon cease; provided, however, that the . The Indenture Trustee or such the Paying Agent, before being required to make any such repaymentthe payment to the Issuer, shall at the expense and direction of the Issuer cause to be published onceonce a notice that the money remains unclaimed and that, after a date specified in the notice not less than 30 days from the date of the publication, any unclaimed balance of the money then remaining will be repaid to the Issuer. The notice shall be published in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such the repayment (including, but not limited to, including mailing notice of such the repayment to their last address of record to Holders whose Principal Amount Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Indenture (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E)
Money for Payments To Be Held in Trust. On or before each Distribution Date All payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Notes that are to be deposited in the Note Distribution Account made from amounts distributed from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to Account or any other account shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so distributed for payments of its action Notes shall be paid over to the Issuer except as provided in this Base Indenture, or failure so to actin any applicable Series Supplement. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee and each Enhancement Provider, if any, an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written and each Enhancement Provider, if any, notice of any default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to either (i) the Issuer on Issuer RequestRequest and with the prior written consent of the applicable Enhancement Provider, if so specified in the applicable Series Supplement, or (ii) if so specified in the applicable Series Supplement, the applicable Enhancement Provider, if and to the extent such money or any portion thereof was paid by such Enhancement Provider, if any, to the Indenture Trustee for payment of interest on or principal of the Notes; and the Holder of such Note Noteholder thereof shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders Noteholders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such HolderNoteholder).
Appears in 1 contract
Samples: Base Indenture (Uici)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, Whenever the Issuer shall have a Paying Agent for the Junior Notes it will, no later than 10:00 am New York City time on the Business Day preceding each due date for payment of the principal of (and premium, if any), interest or Additional Amounts, if any, on the Junior Notes, deposit or cause to be deposited with the Paying Agent in the Note Distribution Account from the Collection Account, an aggregate New York a sum sufficient to pay the amounts then principal (and premium, if any), interest or Additional Amounts, if any, so becoming due under the Notesdue, such sum to be held in trust for as provided by the benefit of the Persons entitled thereto Trust Indenture Act, and (unless the such Paying Agent is the Indenture Trustee) shall the Issuer will promptly notify the Indenture Trustee of its action or its failure so to act. The Issuer will cause each Paying Agent for the Junior Notes, other than the Indenture Trustee Trustee, to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees)Trustee, subject to the provisions of this SectionSection 4.28, that such Paying Agent will:
(ia) hold all sums held by it for comply with the payment of amounts due with respect to the Notes in trust for the benefit provisions of the Persons entitled thereto until such sums shall be paid Trust Indenture Act applicable to such Persons or otherwise disposed of it as herein provided and pay such sums to such Persons as herein providedPaying Agent;
(iib) give during the Indenture Trustee written notice continuance of any default Default by the Issuer of which a Responsible Officer has actual knowledge or any Guarantor (or any other obligor upon the Junior Notes) in the making of any payment required to be made with in respect to of the Junior Notes;
(iii) at any time during the continuance of any such default by the Issuer, and upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it for payment in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof; and
(v) comply with all requirements respect of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the IssuerJunior Notes. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, pay, or by Issuer Order Request direct any the Paying Agent to pay pay, to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the such sums were held by such Paying Agent; and and, upon such a payment by any Paying Agent to the Indenture Trustee, Trustee such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Any money deposited with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of the principal of (and premium, if any), interest or Additional Amounts, if any, on any amount due with respect to any Note Junior Notes and remaining unclaimed for two years after such amount has principal (and premium, if any), interest or Additional Amounts, if any, have become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note Junior Notes shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer)thereof, and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money money, and all liability of the Issuer as trustee thereof, shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer cause give to be published once, in a newspaper published each such Holder in the English language, customarily published on each Business Day and of general circulation manner provided in The City of New Yorkthis Indenture, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from after the date of such publicationnotification, publication and mailing, any unclaimed balance of such money then remaining will promptly be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Indenture (Marconi Corp PLC)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;; 23133277.4
(iii) at any time during the continuance of any such default by the Issuer, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Indenture (Credit Acceptance Corp)
Money for Payments To Be Held in Trust. (a) All payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the applicable Term Note Distribution Account or Revolver Distribution Account pursuant to the applicable Officer’s Issuance Certificate shall be made on behalf of the Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so withdrawn from the applicable Term Note Distribution Account or the Revolver Distribution Account for payments of Term Notes or Revolving Notes, respectively, shall be paid over to the Issuer except as provided in this Section 3.3.
(b) On or before each Distribution date on which payments are to be made or the Redemption Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement(if applicable), the Issuer shall deposit or cause to be deposited in the applicable Term Note Distribution Account from and the Collection Account, an Revolver Distribution Account (including pursuant to Section 4.5 of the Trust Sale and Servicing Agreement) aggregate sum sums sufficient to pay the amounts then becoming due under with respect to the Term Notes and Revolving Notes, respectively, such sum sums to be held in trust for the benefit of the Persons entitled thereto and thereto.
(unless the Paying Agent is the Indenture Trusteec) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will shall cause each Paying Agent Agent, other than the Indenture Trustee Trustee, to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.3, that such Paying Agent willshall:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent in effect at the time of its appointment specified in Section 6.12 hereofdetermination; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. therewith.
(d) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. .
(e) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years one year after such amount has become due and payable shall be discharged from such trust and be paid by the Indenture Trustee to the Issuer on Issuer RequestIssuer; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repaymentpayment, shall may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will shall be repaid paid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Underwriting Agreement (Goldman Sachs Asset Backed Securities Corp)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuer, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it 28307633.2 ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Indenture (Credit Acceptance Corp)
Money for Payments To Be Held in Trust. As provided in Section 8.02, all payments of amounts due and payable with respect to any Notes that are to be made pursuant to Section 8.02(c) from amounts withdrawn from the Trust Accounts shall be made on behalf of the Issuer by the Trustee or by another Paying Agent, and no amounts so withdrawn shall be paid over to the Issuer. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notesdue, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default (of which it has actual knowledge) by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and upon Issuer Request shall be paid to deposited by the Issuer on Issuer RequestTrustee in the Collection Account; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer)thereof, and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to or for the account of the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. (a) As provided in Section 8.2, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Collection Account, the Reserve Account, the Yield Supplement Account and the Note Payment Account shall be made on behalf of the Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account, the Reserve Account, the Yield Supplement Account and the Note Payment Account for payments of Notes shall be paid over to the Issuer, except as provided in this Section 3.3.
(b) On or before each Distribution Payment Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Payment Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto thereto, and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. .
(c) The Issuer will shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.3, that such Paying Agent willshall:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code and any state or local tax law with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two (2) years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will shall be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date (a) As provided in Section 8.02(a), all payments of principal of and Redemption Date, subject to Section 5.08 of interest on the Sale and Servicing Agreement, the Issuer shall deposit or cause Securitization Bonds that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection AccountAccount pursuant to Section 8.02(e), an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to or Section 4.03 shall be held in trust for the benefit made on behalf of the Persons entitled thereto Issuer by the Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments of Securitization Bonds shall be paid over to the Issuer except as provided in this Section 3.03 and in Section 8.02.
(unless the Paying Agent is the Indenture Trusteeb) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to principal of or interest on the Notes Securitization Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default Default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the NotesSecuritization Bonds) of which the Paying Agent has actual knowledge in the making of any payment required to be made with respect to the NotesSecuritization Bonds;
(iii) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it the Paying Agent in trust for the payment of Notes Securitization Bonds if at any time it the Paying Agent ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes Securitization Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder)therewith.
Appears in 1 contract
Samples: Indenture (Detroit Edison Securitization Funding LLC)
Money for Payments To Be Held in Trust. (a) On or before each Distribution Date and Redemption Payment Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer Debtor shall deposit or cause to be deposited in the Note Distribution Collection Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notesall Collections, such sum amounts to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee Collateral Agent of its action or failure so to act. .
(b) The Issuer will cause each Collateral Agent shall act as the initial Paying Agent other than hereunder and is hereby authorized by the Indenture Trustee Debtor to execute make payments to and deliver to distributions from the Indenture Trustee an instrument in which such Collection Account.
(c) The Paying Agent shall agree hereby agrees with the Indenture Trustee (and if the Indenture Trustee acts as Paying Deal Agent, it hereby so agrees), subject to the provisions of this SectionSECTION 3.3, that such Paying Agent willto:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written Deal Agent notice of any default by the Issuer Debtor of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture TrusteeDeal Agent, forthwith pay to the Indenture Trustee Deal Agent all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee Deal Agent all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. therewith.
(d) [RESERVED].
(e) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two (2) years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestDebtor, at the Debtor's request and shall be deposited by the Paying Agent in the Collection Account; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer Debtor for payment thereof (but only to the extent of the amounts so paid to the IssuerDebtor), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Indenture Trustee or such Paying Agent, before being required to make any such repaymentrepayment to the Debtor, shall at the expense of the Issuer Debtor cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the IssuerDebtor. The Indenture Trustee Paying Agent shall also adopt and employ, at the expense of the IssuerDebtor, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee Collateral Agent or of any the Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Security Agreement (First Investors Financial Services Group Inc)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Bond Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee and the Insurer an instrument in which such Bond Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Bond Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Bond Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee and the Insurer written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the NotesBonds) of which it has actual knowledge in the making of any payment required to be made with respect to the NotesBonds;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture TrusteeTrustee with the consent of the Insurer, if the Insurer is the Controlling Party, forthwith pay to the Indenture Trustee all sums so held in trust by such Bond Paying Agent;
(iv) immediately resign as a Bond Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes Bonds if at any time it ceases to meet the standards required to be met by a Bond Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Bond Paying Agent to pay to the Indenture Trustee all sums held in trust by such Bond Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Bond Paying Agent; and upon such a payment by any Bond Paying Agent to the Indenture Trustee, such Bond Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Bond Paying Agent in trust for the payment of any amount due with respect to any Note Bond and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer Issuer, with the prior consent of the Insurer, on Issuer Request, and shall be deposited by the Indenture Trustee in the Collection Account; and the Holder of such Note Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee Trustee, the Insurer or such Bond Paying Agent with respect to such trust money shall thereupon cease; provided, however, that if such money or any portion thereof had been previously deposited by the Insurer with the Indenture Trustee for the payment of principal or such Paying Agentinterest on the Bonds, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee extent any amounts are owing to the Insurer, such amounts shall also adopt and employ, at be paid promptly to the expense Insurer upon receipt of a written request by the Issuer, any other reasonable means of notification of Insurer to such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder)effect.
Appears in 1 contract
Money for Payments To Be Held in Trust. (a) On or before each Distribution Payment Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, Account an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Note Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. .
(b) The Issuer will shall cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee and the Note Insurer an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent willshall:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(iv) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. therewith.
(c) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestRequest with the consent of the Note Insurer (unless an Insurer Default shall have occurred and be continuing) and shall be deposited by the Trustee in the Collection Account; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that if such money or any portion thereof had been previously deposited by the Indenture Note Insurer with the Trustee for the payment of principal or interest on the Notes, to the extent any amounts are owing to the Note Insurer, such amounts shall be paid promptly to the Note Insurer upon receipt of a written request by the Note Insurer to such effect, and provided, further, that the Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02(a), all payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Notes that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(d) shall be held in trust for the benefit made on behalf of the Persons entitled thereto Note Issuer by the Note Trustee or by another Paying Agent, and (unless no amounts so withdrawn from the Paying Agent is Collection Account for payments of Notes shall be paid over to the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to actNote Issuer except as provided in this Section and Section 8.02. The Note Issuer will cause each Paying Agent other than the Indenture Note Trustee to execute and deliver to the Indenture Note Trustee an instrument in which such Paying Agent shall agree with the Indenture Note Trustee (and if the Indenture Note Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Note Trustee written notice of any default by the Note Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Note Trustee, forthwith pay to the Indenture Note Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Note Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Note Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Note Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Note Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Note Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Note Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Note Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Note Issuer on Issuer Request; and and, subject to Section 11.16, the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Note Issuer for payment thereof (but only to the extent of the amounts so paid to the Note Issuer), and all liability of the Indenture Note Trustee or such Paying Agent with respect to such trust money shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Indenture Note Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Note Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Note Issuer. The Indenture Note Trustee shall may also adopt and employ, at the expense of the Note Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Note Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Note Indenture (Bec Funding LLC)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 All payments of the Sale and Servicing Agreement, the Issuer shall deposit or cause amounts payable on any Notes that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.03 shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such the Paying Agent shall agree agrees with the Indenture Trustee (that it will, and if the Indenture Trustee acts hereby agrees in its capacity as Paying Agent, Agent that it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to on the Notes in trust for the benefit of the Persons persons entitled thereto to them until such sums shall be they are paid to such Persons the persons entitled to them or otherwise disposed of as herein provided in this Indenture, and pay such sums them to such Persons the persons entitled to them as herein providedprovided in this Indenture;
(ii) give the Indenture Trustee written [and the Credit Enhancer] notice of any payment default by the Issuer on the Notes of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notesknowledge;
(iii) at any time during the continuance of any such payment default by on the IssuerNotes, upon at the written request of the Indenture Trustee, forthwith immediately pay to the Indenture Trustee all sums so held in trust by such Paying Agentit for the payment of the Notes;
(iv) immediately resign as a Paying Agent and forthwith immediately pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in appointment;
(v) be bound by Section 6.12 hereof11.16; and
(vvi) comply with all requirements of the Code with respect to the withholding withhold from any payments made by it on any Notes of any applicable withholding taxes imposed thereon on them and comply with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuerrequirements. The Issuer may at any time, for the purpose of obtaining To obtain the satisfaction and discharge of this Indenture or for any other purpose, the Issuer may at any time by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held by it in trust by such Paying Agent, such trust. Those sums to shall be held by the Indenture Trustee upon on the same trusts as those upon on which the sums were held by such the Paying Agent; and upon such a . On payment by any a Paying Agent to the Indenture Trustee, such Paying Agent it shall be released from all further liability with respect to such that money. Subject to applicable laws with respect to the escheat of fundson abandoned property, any money held in trust by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to on any Note and remaining unclaimed for two years after such amount it has become due and payable shall be discharged from such the trust and be paid to the Issuer on Issuer Request; and . After that the Holder of such the unpaid Note shall thereafter, as an unsecured general creditor, look only to the Issuer for its payment thereof as an unsecured general creditor (but only to the extent of the amounts so paid to the Issuer), and . On its payment to the Issuer all liability of the Indenture Trustee or such the Paying Agent with respect to such that trust money shall thereupon cease; provided, however, that the . The Indenture Trustee or such the Paying Agent, before being required to make any such repaymentthe payment to the Issuer, shall at the expense and direction of the Issuer cause to be published onceonce a notice that the money remains unclaimed and that, after a date specified in the notice not less than [30] days from the date of the publication, any unclaimed balance of the money then remaining will be repaid to the Issuer. The notice shall be published in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such the repayment (including, but not limited to, including mailing notice of such the repayment to their last address of record to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Indenture (Indymac Abs Inc)
Money for Payments To Be Held in Trust. (a) On or before each Distribution Date and Redemption Settlement Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, Account an aggregate sum sufficient to pay the amounts then becoming due under the NotesNote, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Note Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. .
(b) The Issuer will shall cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee Trustee, the Controlling Party and the Noteholder an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent willshall:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes Note in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written and the Controlling Party notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the NotesNote) of which it has actual knowledge in the making of any payment required to be made with respect to the NotesNote;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(iv) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes the Note if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes the Note of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. therewith.
(c) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any the Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestRequest with the consent of the Controlling Party and shall be deposited by the Trustee in the Collection Account; and the Holder of such the Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders the Holder whose Notes have Note has been called but have has not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Payment Date, subject to Section 5.08 the Servicer on behalf of the Sale and Servicing Agreement, the Issuer Issuers shall deposit or cause to be deposited in the Note Distribution Account Collection Account, but only from the Collection Accountsources described herein, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent paying agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer Servicer on behalf of the Issuers will cause each Paying Agent paying agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent paying agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agentpaying agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent paying agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge Issuers (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agentpaying agent;
(iv) immediately resign as a Paying Agent paying agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof; andit
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer Issuers may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent paying agent to pay to the Indenture Trustee all sums held in trust by such Paying Agentpaying agent, such sums to be held by the Indenture Trustee upon the same trusts terms as those upon which the sums were held by such Paying Agentpaying agent; and upon such a payment by any Paying Agent paying agent to the Indenture Trustee, such Paying Agent paying agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent paying agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestIssuers; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers for payment thereof (but only to the extent of the amounts so paid to the IssuerIssuers), and all liability of the Indenture Trustee or such Paying Agent paying agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agentpaying agent, before being required to make any such repayment, shall at the expense of the Issuer Issuers cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the IssuerIssuers. The Indenture Trustee shall also adopt and employ, at the expense of the IssuerIssuers, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agentpaying agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Indenture (HPSC Inc)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Payment Date, subject to Section 5.08 the Servicer on behalf of the Sale and Servicing Agreement, the Issuer Issuers shall deposit or cause to be deposited in the Note Distribution Account Collection Account, but only from the Collection Accountsources described herein, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent paying agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer Servicer on behalf of the Issuers will cause each Paying Agent paying agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee and the Note Insurer an instrument in which such Paying Agent paying agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agentpaying agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent paying agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge Issuers (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agentpaying agent;
(iv) immediately resign as a Paying Agent paying agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent paying agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer Issuers may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent paying agent to pay to the Indenture Trustee all sums held in trust by such Paying Agentpaying agent, such sums to be held by the Indenture Trustee upon the same trusts terms as those upon which the sums were held by such Paying Agentpaying agent; and upon such a payment by any Paying Agent paying agent to the Indenture Trustee, such Paying Agent paying agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent paying agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestIssuers; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer Issuers for payment thereof (but only to the extent of the amounts so paid to the IssuerIssuers), and all liability of the Indenture Trustee or such Paying Agent paying agent with respect to such trust money shall thereupon cease; provided, however, that, if such money or any portion thereof had been previously deposited by the Note Insurer with the Indenture Trustee for the payment of principal or interest on the Notes, to the extent any amounts are owing to the Note Insurer, such amounts shall be paid promptly to the Note Insurer upon receipt of a written request by the Note Insurer to such effect; and provided, further, that the Indenture Trustee or such Paying Agentpaying agent, before being required to make any such repayment, shall at the expense of the Issuer Issuers cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the IssuerIssuers. The Indenture Trustee shall also adopt and employ, at the expense of the IssuerIssuers, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agentpaying agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Indenture (Unicapital Corp)
Money for Payments To Be Held in Trust. On (a) As provided in Section 8.2, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Note Distribution Account pursuant to Section 8.2(c) shall be made on behalf of the Issuer by the Indenture Trustee or before by another Paying Agent, and no amounts so withdrawn from the Note Distribution Account for payments of Notes shall be paid over to the Issuer except as provided in this Section 3.3.
(b) Before each Distribution Date and or the Redemption Date, subject to Section 5.08 of the Sale and Servicing AgreementDate (if applicable), the Issuer Indenture Trustee shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under with respect to the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and thereto.
(unless the Paying Agent is the Indenture Trusteec) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.3, that such Paying Agent willshall:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent in effect at the time of its appointment specified in Section 6.12 hereofdetermination of the Issuer; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. therewith.
(d) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. .
(e) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid by the Indenture Trustee to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repaymentpayment, shall may at the expense and written direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will shall be repaid paid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense and written direction of the Issuer, any other reasonable means of notification of such repayment payment (including, but not limited to, mailing notice of such repayment payment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.02(a), all payments of amounts due and Redemption Date, subject payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Transition Bonds that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(d) shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Issuer by the Indenture Trustee of its action or failure by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments with respect to actany Transition Bonds shall be paid over to the Issuer except as provided in this Section 3.03 and Section 8.02. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) : hold all sums held by it for the payment of amounts due with respect to the Notes Transition Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) ; give the Indenture Trustee written notice of any default Default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) Transition Bonds; at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) ; immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes Transition Bonds if at any time the Paying Agent determines that it ceases has ceased to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofsuch determination; and
(v) and comply with all requirements of the Code and other tax laws with respect to the withholding from any payments made by it on any Notes Transition Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note Transition Bond and remaining unclaimed for two (2) years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on an Issuer Request; and and, subject to Section 10.16, the Holder of such Note Transition Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer Issuer, cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On As provided in Section 8.02(a), all payments of Principal of, or before each Distribution Date premium and Redemption DateInterest on, subject the Transition Bonds that are to be made from amounts withdrawn from the Collection Account pursuant to Section 5.08 8.02(d) or (e) or Section 4.03 shall be made on behalf of the Sale Issuer by the Trustee or by another Paying Agent, and Servicing Agreementno amounts so withdrawn from the Collection Account for payments of Transition Bonds shall be paid over to the Issuer except as provided in this Section and in Section 8.02. The Issuer hereby appoints Deutsche Bank Trust Company Americas as the Paying Agent hereunder and, in connection therewith the Paying Agent agrees that it will (and the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each any other Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if during such time as the Indenture Trustee acts as Paying Agent, it hereby so agreesagrees that it will)), subject to the provisions of this Section, that such Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to Principal of, or premium or Interest on, the Notes Transition Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default Default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the NotesTransition Bonds) of which the Paying Agent has actual knowledge in the making of any payment required to be made with respect to the NotesTransition Bonds;
(iiic) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(ivd) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it the Paying Agent in trust for the payment of Notes Transition Bonds if at any time it the Paying Agent ceases to meet the standards required to be met by a of Paying Agent Agents at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code and other applicable tax laws with respect to the withholding from any payments made by it on any Notes Transition Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to of Principal of, premium, if any, or Interest on any Note Transition Bond and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on upon delivery by the Issuer Requestof an Issuer Order; and the Holder of such Note Transition Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes Transition Bonds have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Indenture (CenterPoint Energy Transition Bond CO II, LLC)
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.2(a) and Redemption Date(b), subject all payments of amounts due and payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Notes that are to be deposited in the Note Distribution Account made from amounts distributed from the Collection Account, an aggregate sum sufficient Account or any other Trust Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.2(c) shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so distributed from the Collection Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written and the Surety Provider notice of any default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it its ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, and, at the direction of the Surety Provider, shall, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Surety Provider to the extent of any unreimbursed claims of the Surety Provider, including interest thereon from the date any such claim was first made, and if all such claims of the Surety Provider have been satisfied, to the Issuer on Issuer Request; and the Holder of such Note Noteholder thereof shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or Noteholders whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such HolderNoteholder).
Appears in 1 contract
Samples: Indenture (Transworld Insurance Co)
Money for Payments To Be Held in Trust. As provided in Section 8.02(a) and (b), all payments of amounts due and payable with respect to any Notes that are to be made from amounts distributed from the Collection Account or any other Trust Account pursuant to Section 8.02(c) shall be made on behalf of the Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so distributed from the Collection Account for payments of Notes shall be paid over to the Issuer except as provided in this Section. The Indenture Trustee is hereby appointed as the initial "Paying Agent" hereunder and the Indenture Trustee hereby accepts such appointment. On or before the Business Day next preceding each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit distribute or cause to be deposited in distributed to the Note Distribution Account from the Collection Account, Indenture Trustee (or any other Paying Agent) an aggregate sum sufficient to pay the amounts then becoming due under the NotesNotes and/or Certificates, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder holder of such Note the Notes thereof shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; providedPROVIDED, howeverHOWEVER, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders the holders of the Notes whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holderholder of the Notes).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date As provided in Section 8.2(a) and Redemption Date(b), subject all payments of amounts due and payable with respect to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause any Notes that are to be deposited in the Note Distribution Account made from amounts distributed from the Collection Account, an aggregate sum sufficient Account or any other Trust Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.2(c) shall be held in trust for the benefit made on behalf of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so distributed from the Collection Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).in
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each As provided in Section 8.02(a) and (b) hereof, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 8.02(c) hereof shall be made on behalf of the Sale Issuer by the Indenture Trustee or by the Paying Agent, and Servicing Agreement, no amounts so withdrawn from the Distribution Account for payments of Notes shall be paid over to the Issuer shall deposit or cause to be deposited except as provided in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the this Section 3.03. Each Paying Agent is shall be appointed by the Majority Noteholders with written notice thereof to the Indenture Trustee) . The Majority Noteholders shall promptly notify not appoint any Paying Agent (other than the Indenture Trustee or Servicer) which is not, at the time of its action or failure so to actsuch appointment, a Depository Institution. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default Default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during on the continuance of any such default written demand by the Issuer, upon Majority Noteholders or the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each casetherewith; provided, as instructed by however, that with respect to withholding and reporting requirements applicable to original issue discount (if any) on the IssuerNotes, the Issuer shall have first provided the calculations pertaining thereto to the Indenture Trustee. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of fundsfunds or abandoned property, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published oncepublished, once in a newspaper of general circulation in the City of New York customarily published in the English language, customarily published language on each Business Day and of general circulation in The City of New YorkDay, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, employ any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders Noteholders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is at the last address of record for each such Noteholder determinable from the records of the Indenture Trustee or of any Paying Agent, at ). Any costs and expenses of the last address Indenture Trustee and the Paying Agent incurred in the holding of record for each such Holder)funds shall be charged against such funds. Monies so held shall not bear interest.
Appears in 1 contract
Samples: Indenture (H&r Block Inc)
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuer, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;; 22214937.4
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereof; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Indenture (Credit Acceptance Corp)
Money for Payments To Be Held in Trust. As provided in Section 8.02, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Note Distribution Account pursuant to Section 8.02(b) shall be made on behalf of the Issuer by the Trustee or by another Paying Agent, and no amounts so withdrawn from the Note Distribution Account for payments of Notes shall be paid over to the Issuer. On or before each Distribution Payment Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notesdue, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default (of which it has actual knowledge) by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Indenture (Olympic Financial LTD)
Money for Payments To Be Held in Trust. On or before each Distribution Date Paying Agent; ----------------------------------------------------- Certificate Paying Agent.
(a) As provided in Section 3.01, all payments ------------------------ of amounts due and Redemption Date, subject payable with respect to any Notes that are to be made from amounts withdrawn from the Payment Account pursuant to Section 5.08 3.01 shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by the Paying Agent, and no amounts so withdrawn from the Payment Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section 3.03. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order Request direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Inden- ture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper an Authorized Newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each As provided in Sections 5.04(b) and 8.03, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the 2013-B Distribution Date and Redemption Date, subject Account pursuant to Section 5.08 such Sections shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by a Note Paying Agent, and no amounts so withdrawn from the 2013-B Distribution Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section. The Issuer will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Note Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws Applicable Laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Note Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Note Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Note Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New Yorkan Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Note Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date All payments of amounts due and Redemption Date, subject payable with respect to any Notes that are to be made from amounts withdrawn from the Collection Account and the Note Payment Account pursuant to Section 5.08 8.02(a) shall be made on behalf of the Sale Issuer by the Indenture Trustee or by the Paying Agent, and Servicing Agreement, no amounts withdrawn from the Issuer shall deposit or cause to be Collection Account and deposited in the Note Distribution Payment Account from for payment on the Collection Account, an aggregate sum sufficient Notes shall be paid over to pay the amounts then becoming due under Issuer except as provided in this Section. Any Paying Agent shall be appointed by Issuer Order with written notice thereof to the Notes, such sum Indenture Trustee. Any Paying Agent appointed by the Issuer shall be a Person who would be eligible to be held Indenture Trustee hereunder as provided in trust for the benefit of the Persons entitled thereto and (unless the Section 6.11. The Issuer shall not appoint any Paying Agent is (other than the Indenture Trustee) shall promptly notify which is not, at the Indenture Trustee time of its action or failure so to actsuch appointment, a Depository Institution. The Issuer will cause each Paying Agent other than the Indenture Trustee Administrator to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each casetherewith; provided, as instructed by however, that with respect to withholding and reporting requirements applicable to original issue discount (if any) on the IssuerNotes, the Issuer shall have first provided the calculations pertaining thereto to the Indenture Trustee. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon . Upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of fundsfunds or abandoned property, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date Paying Agent; ----------------------------------------------------- Certificate Paying Agent.
(a) As provided in Section 3.01, all payments ------------------------- of amounts due and Redemption Date, subject payable with respect to any Notes that are to be made from amounts withdrawn from the Payment Account pursuant to Section 5.08 3.01 shall be made on behalf of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify by the Indenture Trustee or by the Paying Agent, and no amounts so withdrawn from the Payment Account for payments of its action or failure so Notes shall be paid over to actthe Issuer except as provided in this Section 3.03. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer it has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order Request direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Inden- ture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper an Authorized Newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder). The Issuer hereby appoints (__________________) as Certificate Paying Agent and Residual Ownership Interest Paying Agent to make payments to Certificateholders and holders of the Residual Ownership Interest on behalf of the Issuer in accordance with the provisions of the Certificates, Section 3.05 hereof and the provisions of the Trust Agreement, and (_______________) hereby accepts such appointment and further agrees that it will be bound by the provisions of the Trust Agreement relating to the Certificate Paying Agent and Residual Ownership Interest Paying Agent and will:
(i) hold all sums held by it for the payment of amounts due with respect to the Certificates and the Residual Ownership Interest in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and as provided in the Trust Agreement and pay such sums to such Persons as herein and therein provided;
(ii) give the Owner Trustee notice of any default by the Issuer of which it has actual knowledge in the making of any payment required to be made with respect to the Certificates;
(iii) at any time during the continuance of any such default, upon the written request of the Owner Trustee forthwith pay to the Owner Trustee on behalf of the Issuer all sums so held in trust by such Certificate Paying Agent;
(iv) immediately resign as Certificate Paying Agent and forthwith pay to the Owner Trustee on behalf of the Issuer all sums held by it in trust for the payment of Certificates and the Residual Ownership Interest if at any time it ceases to meet the standards required to be met by the Certificate Paying Agent or the Residual Ownership Interest Paying Agent at the time of its appointment;
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Certificates or the holders of the Residual Ownership Interest of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith; and
(vi) deliver to the Owner Trustee a copy of the report to Certificateholders and holders of Residual Ownership Interest prepared with respect to each Payment Date by the Master Servicer pursuant to Section 4.01 of the Master Servicing Agreement.
Appears in 1 contract
Samples: Indenture (Indymac Abs Inc)
Money for Payments To Be Held in Trust. As provided in Section 8.02, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Note Distribution Account and the Spread Account pursuant to Section 8.02(c) shall be made on behalf of the Issuer by the Trustee or by another Paying Agent, and no amounts so withdrawn from the Note Distribution Account and the Spread Account for payments of Notes shall be paid over to the Issuer. On or before each Distribution Payment Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notesdue, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default (of which it has actual knowledge) by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and upon Issuer Request shall be paid to deposited by the Issuer on Issuer RequestTrustee in the Collection Account; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer)thereof, and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to or for the account of the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit or cause to be deposited in the Note Distribution Account from the Collection Account, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer Trust will cause each Note Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee and the Note Insurer an instrument in which such Note Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Note Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Note Paying Agent will:
(ia) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(iib) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge Trust (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iiic) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Note Paying Agent;
(ivd) immediately resign as a Note Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Note Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(ve) comply with all requirements of the Code and any applicable state tax laws with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer Trust may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Note Paying Agent to pay to the Indenture Trustee all sums held in trust by such Note Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Note Paying Agent; and upon such a payment by any Note Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date (a) As provided in Section 8.02(a), all payments of principal of and Redemption Date, subject to Section 5.08 of interest on the Sale and Servicing Agreement, the Issuer shall deposit or cause Transition Bonds that are to be deposited in the Note Distribution Account made from amounts withdrawn from the Collection Account, an aggregate sum sufficient Account pursuant to pay the amounts then becoming due under the Notes, such sum to Section 8.02(e) or Section 4.03 shall be held in trust for the benefit made on behalf of the Persons entitled thereto Issuer by the Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account for payments of Transition Bonds shall be paid over to the Issuer except as provided in this Section 3.03 and in Section 8.02.
(unless the Paying Agent is the Indenture Trusteeb) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will shall cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this SectionSection 3.03, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to principal of or interest on the Notes Transition Bonds in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default Default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the NotesTransition Bonds) of which such Paying Agent has actual knowledge in the making of any payment required to be made with respect to the NotesTransition Bonds;
(iii) at any time during the continuance of any such default by the IssuerDefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it such Paying Agent in trust for the payment of Notes Transition Bonds if at any time it such Paying Agent ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes Transition Bonds of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. therewith.
(c) The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. .
(d) Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to of principal of or interest on any Note Transition Bond and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer RequestIssuer; and the Holder of such Note Transition Bond shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall may at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The the City of New York, and in an Authorized Newspaper, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will shall be repaid to the Issuer. The Indenture Trustee shall may also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, including mailing notice of such repayment to Holders whose Notes Transition Bonds have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Samples: Indenture (Atlantic City Electric Transition Funding LLC)
Money for Payments To Be Held in Trust. As provided in -------------------------------------- Section 8.02(a) and (b), all payments of amounts due and payable with respect to --------------- --- any Notes that are to be made from amounts withdrawn from the Collection Account and the Note Distribution Account pursuant to Section 8.02(c), (d) and (e) shall ---------------------------- be made on behalf of the Issuer by the Indenture Trustee or by another Paying Agent, and no amounts so withdrawn from the Collection Account and the Note Distribution Account for payments of Notes shall be paid over to the Issuer except as provided in this Section. On or before the Business Day preceding each Distribution Payment Date and Redemption Date, subject to Section 5.08 of the Sale and Servicing Agreement, the Issuer shall deposit allocate or cause to be deposited allocated in the Note Distribution Account from for distribution to the Collection Account, Noteholders an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto thereto, and (unless the Paying Agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer will cause each Paying Agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agent;
(iv) immediately resign as a Paying Agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuertherewith. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense and direction of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) 30 days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense and direction of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys monies due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder).
Appears in 1 contract
Money for Payments To Be Held in Trust. On or before each Distribution Date and Redemption Payment Date, subject to Section 5.08 the Servicer on behalf of the Sale and Servicing Agreement, the Issuer Trust shall deposit or cause to be deposited in the Note Distribution Account Collection Account, but only from the Collection Accountsources described herein, an aggregate sum sufficient to pay the amounts then becoming due under the Notes, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Paying Agent paying agent is the Indenture Trustee) shall promptly notify the Indenture Trustee of its action or failure so to act. The Issuer Servicer on behalf of the Trust will cause each Paying Agent paying agent other than the Indenture Trustee to execute and deliver to the Indenture Trustee an instrument in which such Paying Agent paying agent shall agree with the Indenture Trustee (and if the Indenture Trustee acts as Paying Agentpaying agent, it hereby so agrees), subject to the provisions of this Section, that such Paying Agent paying agent will:
(i) hold all sums held by it for the payment of amounts due with respect to the Notes in trust for the benefit of the Persons entitled thereto until such sums shall be paid to such Persons or otherwise disposed of as herein provided and pay such sums to such Persons as herein provided;
(ii) give the Indenture Trustee written notice of any default by the Issuer of which a Responsible Officer has actual knowledge Trust (or any other obligor upon the Notes) of which it has actual knowledge in the making of any payment required to be made with respect to the Notes;
(iii) at any time during the continuance of any such default by the Issuerdefault, upon the written request of the Indenture Trustee, forthwith pay to the Indenture Trustee all sums so held in trust by such Paying Agentpaying agent;
(iv) immediately resign as a Paying Agent paying agent and forthwith pay to the Indenture Trustee all sums held by it in trust for the payment of Notes if at any time it ceases to meet the standards required to be met by a Paying Agent paying agent at the time of its appointment specified in Section 6.12 hereofappointment; and
(v) comply with all requirements of the Code with respect to the withholding from any payments made by it on any Notes of any applicable withholding taxes imposed thereon and with respect to any applicable reporting requirements in connection therewith in each case, as instructed by the Issuer. The Issuer may at any time, for the purpose of obtaining the satisfaction and discharge of this Indenture or for any other purpose, by Issuer Order direct any Paying Agent to pay to the Indenture Trustee all sums held in trust by such Paying Agent, such sums to be held by the Indenture Trustee upon the same trusts as those upon which the sums were held by such Paying Agent; and upon such a payment by any Paying Agent to the Indenture Trustee, such Paying Agent shall be released from all further liability with respect to such money. Subject to applicable laws with respect to the escheat of funds, any money held by the Indenture Trustee or any Paying Agent in trust for the payment of any amount due with respect to any Note and remaining unclaimed for two years after such amount has become due and payable shall be discharged from such trust and be paid to the Issuer on Issuer Request; and the Holder of such Note shall thereafter, as an unsecured general creditor, look only to the Issuer for payment thereof (but only to the extent of the amounts so paid to the Issuer), and all liability of the Indenture Trustee or such Paying Agent with respect to such trust money shall thereupon cease; provided, however, that the Indenture Trustee or such Paying Agent, before being required to make any such repayment, shall at the expense of the Issuer cause to be published once, in a newspaper published in the English language, customarily published on each Business Day and of general circulation in The City of New York, notice that such money remains unclaimed and that, after a date specified therein, which shall not be less than thirty (30) days from the date of such publication, any unclaimed balance of such money then remaining will be repaid to the Issuer. The Indenture Trustee shall also adopt and employ, at the expense of the Issuer, any other reasonable means of notification of such repayment (including, but not limited to, mailing notice of such repayment to Holders whose Notes have been called but have not been surrendered for redemption or whose right to or interest in moneys due and payable but not claimed is determinable from the records of the Indenture Trustee or of any Paying Agent, at the last address of record for each such Holder)therewith.
Appears in 1 contract