Payments Out of the Trust Fund Sample Clauses

Payments Out of the Trust Fund. Subject to the remainder of this Section 2.06, the Trustee shall, on the written directions of the Company and the Partnership, from time to time make payments out of the Trust Fund to such persons (which may include the Company or the Partnership) in such manner and in such amounts as is required under the terms of the Plan or Plans and this Trust Agreement. Except where an Event of Default has occurred, where the Trust Fund includes a Letter of Credit the Trustee, in accordance with this Trust Agreement, shall pay to the bank which has agreed to issue the Letter of Credit (or any renewal or replacement thereof) on or before the date such payment is due, the portion of the Contribution which the Company informs the Trustee in writing is to be used as fees for the applicable Letter of Credit, as fees. Following a Trigger, the Trustee shall act on the written direction of the Actuary as to the amounts to be paid out, to whom such amounts are to be paid and the dates of such payment, all in accordance with the Actuary’s interpretation of the Plans and the Trustee shall pay for the services of the Actuary in this regard from the Trust Fund. In the event of a Trigger, the Actuary shall consult with the Representative Participant with respect to such matters. In the event that there has been an Event of Default as described in paragraph (d) of the definition thereof and section 2.04(b) is applicable, the Trustee shall act on the written direction of the Actuary as to the amounts to be paid out, to whom such amounts are to be paid and the dates of such payment, all in accordance with the Actuary’s interpretation of the Plans, and the Trustee shall pay for the services of the Actuary in this regard from the Trust Fund. Upon a payment being made, the amount thereof shall no longer constitute a part of the Trust Fund. After all payments required to be made to all of the Participants in accordance with such directions have been made or provided for and no Participant is entitled to receive further payments from the Trust Fund, the balance of the Trust Fund shall be promptly paid over to the Company by the Trustee. In each instance, the written direction shall include a certification to the Trustee that such direction is in accordance with the terms of the Plans and this Trust Agreement. If any person to whom payments are to be made is legally incompetent to receive them, the Trustee may make such payments to such person’s legal representative, and the receipt by suc...
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Payments Out of the Trust Fund. To make payments out of the Trust Fund to the person, and in the form and manner, specified in Instructions.
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Payments Out of the Trust Fund. (1) Years of Less Than 100% Table A Allocation. In any year in which the State's allocation of Annual Entitlement to the District by April 15th of that year is less than one hundred percent (100%) of the District's requested Annual Entitlement for that year, at the direction of the Water User, the District shall request the Trustee of the Trust Fund to the extent there are funds in the Water User's Account, distribute to the State (or the District) amounts specified in Article 51(h)(4)(I) of the State Contract. The District shall debit each Water User's Trust Fund Account by the amount of reduction the respective Water Users received on his State billings.
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Payments Out of the Trust Fund. The Trustee, in accordance with this Trust Agreement shall pay to the bank which has agreed to issue the original Letter of Credit or any renewal or replacement thereof, on or before the date such payment is due, the Contribution made by the Company as fees for the applicable Letter of Credit. The Trustee shall, on the written directions of the Company, from time to time make payments out of the Trust Fund to such persons (including the Company) in such manner and in such amounts as is required under the terms of the Plan and this Trust Agreement. In the event that the Trustee has made demand and received payment under the Letter of Credit pursuant to section 2.4(a) or (b), the Trustee shall act on the written direction of the Actuary as to the amounts to be paid out, to whom such amounts are to be paid and the dates of such payment, all in accordance with the Actuary's interpretation of the Plan and the Trustee shall pay for the services of the Actuary in this regard from the Trust Fund. Upon payment being made, as contemplated in this section 2.6 or section 5.4, the amount thereof shall no longer constitute a part of the Trust Fund. In each instance, the written direction authorizing payment to be made shall include a certification to the Trustee that such direction is in accordance with the terms of the Plan and this Trust Agreement. If any person to whom payments are to be made is legally incompetent to receive them, the Trustee may make such payments to such person's legal representative, and the receipt by such person's legal representative shall be a complete release and discharge to the Trustee.
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Payments Out of the Trust Fund. 12.1 The Trustee may pay out of the Trust Fund, the following: (a) all stamp and other duties payable from time to time on or in respect of this Deed; (b) all Expenses or Duties and Charges; (c) all costs of the preparation of supplemental deeds for whatever purpose ; (d) all costs, if any, paid in relation to the registration of Investments; (e) any taxation arising in respect of any Investments; and (f) all other fees, costs or expenses properly incurred, payable or accruable in connection with the management, administration and custody of the Trust Fund.
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Related to Payments Out of the Trust Fund

  • Administration and Servicing of the Trust Fund Section 3.01 Master Servicer to Act as Master Servicer; Special

  • Administration of the Trust Fund The administration of the Fund shall be the responsibility of the Trustees. The Board of Trustees are responsible for the operational and financial sustainability of the Trust, and they shall administer the Fund in accordance with the express powers given to them pursuant to this Trust Agreement and the Plans. The terms of this Trust Agreement and the Plans shall be construed and administered so as to comply with the requirements to be an employee life and health trust under subsection 144.1(2) of the Income Tax Act (Canada). Any term of this Trust Agreement or the Plans that would otherwise be inconsistent with the requirements of such provisions shall be modified to the extent necessary to comply with such requirements.‌

  • The Trust Fund Xxxxxx Mae, acting in its capacity as Trustee for the Lower Tier REMIC, does hereby transfer, assign, set over and otherwise convey to Xxxxxx Xxx, acting in its capacity as Trustee for the Trust Fund established hereby, all of Xxxxxx Mae’s right, title and interest in and to the Lower Tier Regular Classes, including all payments of principal and interest thereon received after the month of the Issue Date.

  • Permitted Withdrawals from the Collection Accounts and Certificate Account (a) Each Servicer may from time to time make withdrawals from the related Collection Account for the following purposes: (i) to pay to such Servicer (to the extent not previously retained by such Servicer) the servicing compensation to which it is entitled pursuant to Section 3.14, and to pay to such Servicer, as additional servicing compensation, earnings on or investment income with respect to funds in or credited to such Collection Account; (ii) to reimburse such Servicer for unreimbursed Advances made by it, such right of reimbursement pursuant to this subclause (ii) being limited to amounts received on the Non-Designated Mortgage Loan(s) in respect of which any such Advance was made (including without limitation, late recoveries of payments, Liquidation Proceeds and Insurance Proceeds to the extent received by such Servicer); (iii) to reimburse such Servicer for any Nonrecoverable Advance previously made or any amount expended pursuant to Section 3.11(a); (iv) to reimburse such Servicer for (A) unreimbursed Servicing Advances, such Servicer’s right to reimbursement pursuant to this clause (A) with respect to any Non-Designated Mortgage Loan being limited to amounts received on such Non-Designated Mortgage Loan which represent late payments of principal and/or interest (including, without limitation, Liquidation Proceeds and Insurance Proceeds with respect to such Mortgage Loan) respecting which any such advance was made and (B) for unpaid Servicing Fees as provided in Section 3.11 hereof; (v) to pay to the purchaser, with respect to each Non-Designated Mortgage Loan or property acquired in respect thereof that has been purchased pursuant to Section 2.02, 2.03 or 3.11, all amounts received thereon after the date of such purchase; (vi) to make any payments required to be made pursuant to Section 2.07(g); (vii) to withdraw any amount deposited in such Collection Account and not required to be deposited therein; (viii) on the Cash Remittance Date, to withdraw an amount equal to the portion of the Available Distribution Amount applicable to the Non-Designated Mortgage Loans serviced by such Servicer, who will remit the aggregate of such amounts to the Trust Administrator for deposit in the Certificate Account; (ix) with respect to each Non-Designated Mortgage Loan covered by a Lender Paid Mortgage Guaranty Insurance Policy, to effect timely payment of the premiums on such Mortgage Guaranty Insurance Policy pursuant to Section 3.09(c) to the extent not deducted by such Servicer prior to deposit into the applicable Collection Account pursuant to Section 3.05(c); and (x) to clear and terminate such Collection Account upon termination of this Agreement pursuant to Section 11.01 hereof. Each Servicer shall keep and maintain separate accounting, on a Mortgage Loan by Mortgage Loan basis, for the purpose of justifying any withdrawal from the related Collection Account pursuant to such subclauses (i), (ii), (iv) and (v). Prior to making any withdrawal from a Collection Account pursuant to subclause (iii) of a Nonrecoverable Advance, the related Servicer shall deliver to the Trust Administrator a certificate of a Servicing Officer indicating the amount of any previous Advance or Servicing Advance determined by such Servicer to be a Nonrecoverable Advance and identifying the related Non-Designated Mortgage Loans(s), and their respective portions of such Nonrecoverable Advance. In connection with the payment of a Purchase Price, if a Servicer is not required to remit unreimbursed Servicing Advances as specified in the definition of Purchase Price, such Servicer shall be deemed to have been reimbursed for such amount. (b) The Trust Administrator shall withdraw funds from the Certificate Account for distributions to Certificateholders in the manner specified in this Agreement (and to withhold from the amounts so withdrawn, the amount of any taxes that it is authorized to withhold pursuant to Section 2.07). In addition, the Trust Administrator may from time to time make withdrawals from the Certificate Account for the following purposes: (i) to pay to itself the Trust Administrator Fees to which it is entitled pursuant to Section 10.05 and any investment income earned for the related Distribution Date, and to pay to itself or the Master Servicer any other amounts in respect of reimbursement of costs, expenses, indemnification or other amounts to which it or the Master Servicer is entitled to reimbursement or payment under the terms of this Agreement; (ii) to withdraw and return to the Master Servicer or the applicable Servicer, in the case of the applicable Servicer for deposit to the applicable Collection Account, any amount deposited in the Certificate Account and not required to be deposited therein; and (iii) to clear and terminate the Certificate Account upon termination of the Agreement pursuant to Section 11.01 hereof.

  • Payments from Owner Trust Estate All payments to be made by the Owner Trustee under this Agreement or any of the Basic Documents to which the Trust or the Owner Trustee is a party shall be made only from the income and proceeds of the Owner Trust Estate and only to the extent that the Owner Trustee shall have received income or proceeds from the Owner Trust Estate to make such payments in accordance with the terms hereof. Wilmington Trust Company or any successor thereto, in its individual capacity, shall not be liable for any amounts payable under this Agreement or any of the Basic Documents to which the Trust or the Owner Trustee is a party.

  • Certificate Account and Special Payments Account (a) The Trustee shall establish and maintain on behalf of the Certificateholders a Certificate Account as one or more non-interest-bearing accounts. The Trustee shall hold the Certificate Account in trust for the benefit of the Certificateholders, and shall make or permit withdrawals therefrom only as provided in this Agreement. On each day when a Scheduled Payment is made to the Trustee under the Intercreditor Agreement, the Trustee upon receipt thereof shall immediately deposit the aggregate amount of such Scheduled Payment in the Certificate Account. (b) The Trustee shall establish and maintain on behalf of the Certificateholders a Special Payments Account as one or more accounts, which shall be non-interest bearing except as provided in Section 4.

  • Payments to Owner Trustee Any amounts paid to the Owner Trustee pursuant to this Article VIII shall be deemed not to be a part of the Owner Trust Estate immediately after such payment.

  • Payment of Trust Fees The Owner Trustee shall pay the Trust's fees and expenses incurred with respect to the performance of the Trust's duties under the Indenture.

  • Reports to the Trustee; Collection Account Statements Not later than twenty days after each Distribution Date, the Servicer shall forward, upon request, to the Trustee and the Depositor the most current available bank statement for the Collection Account. Copies of such statement shall be provided by the Trustee to any Certificateholder and to any Person identified to the Trustee as a prospective transferee of a Certificate, upon request at the expense of the requesting party, provided such statement is delivered by the Servicer to the Trustee.

  • Payments and Statements to Certificateholders Remic Administration Section 5.01 Distributions On each Distribution Date, based solely on the information in the Servicer's Certificate, the Trustee shall distribute out of the Certificate Account (to the extent funds are available therein) to each Certificateholder of record on the related Record Date (other than as provided in Section 10.01 respecting the final distribution) (a) by check mailed to such Certificateholder entitled to receive a distribution on such Distribution Date at the address appearing in the Certificate Register, or (b) upon written request by the Holder of a Regular Certificate or a Class A-PO Certificate, by wire transfer or by such other means of payment as such Certificateholder and the Trustee shall agree upon, such Certificateholder's Percentage Interest in the amount to which the related Class of Certificates is entitled in accordance with the priorities set forth below in Section 5.02; provided, however, that distributions of principal to the Special Retail Certificates shall be made as described in Section 5.09. Notwithstanding the foregoing, the distribution to the Holders of the Class SES Certificates shall be reduced by the amount of the Class SES Compensating Interest for such Distribution Date. None of the Holders of any Class of Certificates, the Depositor, the Servicer or the Trustee shall in any way be responsible or liable to Holders of any Class of Certificates in respect of amounts properly previously distributed on any such Class. Amounts distributed with respect to any Class of Certificates (other than any Ancillary Income distributed with respect to the Class SES Certificates) shall be applied first to the distribution of interest thereon and then to principal thereon.

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