Pre-Funding Account. (a) The Trustee shall establish and shall thereafter maintain the Pre-Funding Account. The Pre-Funding Account shall be an Eligible Account. The Pre-Funding Account shall be entitled "Xxxxxx Trust and Savings Bank, as Trustee, for the benefit of registered holders of National Auto Trust Automobile Loan Asset-Backed Certificates, and the Certificate Insurer -- Pre-Funding Account." On the Closing Date, the Transferor shall deliver $7,747,810.67 to the Trustee for deposit in the Pre-Funding Account and the Trustee shall deposit such amount therein upon its receipt thereof. The Trustee also shall deposit into the Pre-Funding Account any income or gain earned from the investment of amounts on deposit in the Pre-Funding Account as received. (b) On each Subsequent Transfer Date, upon satisfaction of each of the conditions set forth in Section 2.06 with respect to the transfer of Additional Contracts to the Trust on such Subsequent Transfer Date, the Trustee shall withdraw from the Pre-Funding Account and pay to the Transferor the amount designated in the Transferor's written direction to the Trustee and the Master Servicer delivered pursuant to Section 2.06. On each Distribution Date, any income and gain earned from the investment of amounts on deposit in the Pre-Funding Account since the previous Distribution Date (or the Closing Date, in the case of the first Distribution Date) shall be deposited to the Certificate Account. On the Distribution Date related to the Reporting Date next succeeding termination of the Pre-Funding Period, the Trustee shall withdraw from the Pre-Funding Account and deposit in the Certificate Account the amount on deposit in the Pre-Funding Account as of the close of business on the last day of the Pre-Funding Period.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (National Auto Finance Co Inc)
Pre-Funding Account. (a) The a. On or before the Closing Date, the Trustee shall establish and shall thereafter maintain the Pre-Funding Account. The Pre-Pre- Funding Account shall on behalf of the Trust, which must be an Eligible Account. The Pre-Funding Account shall be entitled "Xxxxxx Trust and Savings BankPre-Funding Account, U.S. Bank National Association as Trustee, Trustee for the benefit of registered holders of National Auto Trust Automobile Loan Asset-Backed Certificates, and Series 2001- 1." The Trustee shall maintain within the Certificate Insurer -- Pre-Funding Account." On Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount. The Undelivered Contract Subaccount pertains to those Land-and-Home Contracts transferred to the Trust on the Closing Date, Date that are Undelivered Contracts. Funds deposited in the Transferor Pre-Funding Account shall deliver $7,747,810.67 to be held in trust by the Trustee for the Holders of the Certificates for the uses and purposes set forth herein.
b. The Trustee shall deposit in the Pre-Funding Account and Subaccount the Trustee shall deposit such amount therein upon its receipt thereof. The Trustee also shall deposit into the Pre-Funding Account any income or gain earned received from the investment of amounts Seller pursuant to Section 2.02(v). Amounts on deposit in the Pre-Funding Account Subaccount shall be withdrawn by the Trustee as received.follows:
(bi) On each Subsequent Transfer Date, upon satisfaction of each of the conditions set forth in Section 2.06 with respect to the transfer of Additional Contracts to the Trust on such any Subsequent Transfer Date, the Trustee shall withdraw from an amount equal to 100% of the PreCut-Funding Account off Date Principal Balance of each Subsequent Contract transferred and pay to the Transferor the amount designated in the Transferor's written direction assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the Master Servicer delivered pursuant order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) with respect to Section 2.06. such transfer and assignment.
(ii) On each Distribution the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any income and gain earned from the investment of amounts on deposit remaining in the Pre-Funding Account since the previous Distribution Date (or the Closing DateSubaccount, net of investment earnings.
c. The Trustee shall deposit in the case of Undelivered Contract Subaccount the first Distribution Date) amount received from the Seller pursuant to Section 2.02(w). Amounts on deposit in the Undelivered Contract Subaccount shall be deposited withdrawn by the Trustee as follows:
(i) If the Seller delivers the related Land-and-Home Contract File for an Undelivered Contract to the Certificate Account. On Trustee at least two Business Days before the Distribution Date related to the Reporting Date next succeeding termination last day of the Pre-Funding Period, the Trustee shall withdraw from an amount equal to 100% of the Cut-off Date Principal Balance of such Contract and pay such amount to or upon the order of the Seller.
(ii) [Reserved]
(iii) The Seller shall give the Trustee telephonic notice of its intended delivery of Land-and-Home Contract Files. The Trustee will use reasonable efforts to process the Land-and-Home Contract Files and remit any amount payable for them to the Seller in a timely manner.
(iv) On the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Undelivered Contract Subaccount, net of investment earnings.
d. The Pre-Funding Account and deposit in the Certificate Account the amount on deposit in the Pre-Funding Account as shall be part of the close of business on the last day Trust but not part of the Pre-Funding Period.Master REMIC, Intermediate
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Pre-Funding Account. (a) The a. On or before the Closing Date, the Trustee shall establish and shall thereafter maintain the Pre-Funding Account. The Pre-Pre- Funding Account shall on behalf of the Trust, which must be an Eligible Account. The Pre-Funding Account shall be entitled "Xxxxxx Trust and Savings BankPre-Funding Account, U.S. Bank National Association as Trustee, Trustee for the benefit of registered holders of National Auto Trust Automobile Loan Asset-Backed Certificates, and Series 2000- 4." The Trustee shall maintain within the Certificate Insurer -- Pre-Funding Account." On Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount. The Undelivered Contract Subaccount pertains to those Land-and-Home Contracts transferred to the Trust on the Closing Date, Date that are Undelivered Contracts. Funds deposited in the Transferor Pre-Funding Account shall deliver $7,747,810.67 to be held in trust by the Trustee for the Holders of the Certificates for the uses and purposes set forth herein.
b. The Trustee shall deposit in the Pre-Funding Account and Subaccount the Trustee shall deposit such amount therein upon its receipt thereof. The Trustee also shall deposit into the Pre-Funding Account any income or gain earned received from the investment of amounts Seller pursuant to Section 2.02(t). Amounts on deposit in the Pre-Funding Account Subaccount shall be withdrawn by the Trustee as received.follows:
(bi) On each Subsequent Transfer Date, upon satisfaction of each of the conditions set forth in Section 2.06 with respect to the transfer of Additional Contracts to the Trust on such any Subsequent Transfer Date, the Trustee shall withdraw from an amount equal to 100% of the PreCut-Funding Account off Date Principal Balance of each Subsequent Contract transferred and pay to the Transferor the amount designated in the Transferor's written direction assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the Master Servicer delivered pursuant order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) with respect to Section 2.06. such transfer and assignment.
(ii) On each Distribution the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any income and gain earned from the investment of amounts on deposit remaining in the Pre-Funding Account since the previous Distribution Date (or the Closing DateSubaccount, net of investment earnings.
c. The Trustee shall deposit in the case of Undelivered Contract Subaccount the first Distribution Date) amount received from the Seller pursuant to Section 2.02(u). Amounts on deposit in the Undelivered Contract Subaccount shall be deposited withdrawn by the Trustee as follows:
(i) If the Seller delivers the related Land-and-Home Contract File for an Undelivered Contract to the Certificate Account. On Trustee at least two Business Days before the Distribution Date related to the Reporting Date next succeeding termination last day of the Pre-Funding Period, the Trustee shall withdraw from an amount equal to 100% of the Cut-off Date Principal Balance of such Contract and pay such amount to or upon the order of the Seller.
(ii) [Reserved]
(iii) The Seller shall give the Trustee telephonic notice of its intended delivery of Land-and-Home Contract Files. The Trustee will use reasonable efforts to process the Land-and-Home Contract Files and remit any amount payable for them to the Seller in a timely manner.
(iv) On the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Undelivered Contract Subaccount, net of investment earnings.
d. The Pre-Funding Account shall be part of the Trust but not part of the Master REMIC or Subsidiary REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre-Funding Account and deposit in Account. The Seller shall be the Certificate Account beneficial owner of the amount on deposit Pre-Funding Account, subject to the foregoing power of the Trustee to transfer amounts in the Pre-Funding Account as of to the close of business on the last day of Certificate Account. Funds in the Pre-Funding PeriodAccount shall, at the direction of the Servicer, be invested in Eligible Investments of the kind described in clauses (i) and (ii)(A) of the definition of "Eligible Investment" and that mature no later than the Business Day prior to the next succeeding Remittance Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the Seller. Any losses on such investments shall be deposited in the Pre-Funding Account by the Seller immediately as realized. The Trustee shall release to the Seller all investment earnings in the Pre-Funding Account on the Post-Funding Remittance Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Pre-Funding Account. (a) The a. On or before the Closing Date, the Trustee shall establish and shall thereafter maintain the Pre-Funding Account. The Pre-Funding Account shall on behalf of the Trust, which must be an Eligible Account. The Pre-Funding Account shall be entitled "Xxxxxx Trust and Savings BankPre-Funding Account, U.S. Bank National Association as Trustee, Trustee for the benefit of registered holders of National Auto Trust Automobile Loan Asset-Backed Certificates, and Series 1999-6." The Trustee shall maintain within the Certificate Insurer -- Pre- Funding Account two subaccounts, the Pre-Funding Account." On Subaccount and the Undelivered Contract Subaccount. The Undelivered Contract Subaccount pertains to those Land-and-Home Contracts transferred to the Trust on the Closing Date, Date that are Undelivered Contracts. Funds deposited in the Transferor Pre-Funding Account shall deliver $7,747,810.67 to be held in trust by the Trustee for the Holders of the Certificates for the uses and purposes set forth herein.
b. The Trustee shall deposit in the Pre-Funding Account and Subaccount the Trustee shall deposit such amount therein upon its receipt thereof. The Trustee also shall deposit into the Pre-Funding Account any income or gain earned received from the investment of amounts Seller pursuant to Section 2.02(t). Amounts on deposit in the Pre-Funding Account Subaccount shall be withdrawn by the Trustee as received.follows:
(bi) On each Subsequent Transfer Date, upon satisfaction of each of the conditions set forth in Section 2.06 with respect to the transfer of Additional Contracts to the Trust on such any Subsequent Transfer Date, the Trustee shall withdraw from an amount equal to 100% of the PreCut-Funding Account off Date Principal Balance of each Subsequent Contract transferred and pay to the Transferor the amount designated in the Transferor's written direction assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the Master Servicer delivered pursuant order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) with respect to Section 2.06. such transfer and assignment.
(ii) On each Distribution the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any income and gain earned from the investment of amounts on deposit remaining in the Pre-Funding Account since the previous Distribution Date (or the Closing DateSubaccount, net of investment earnings.
c. The Trustee shall deposit in the case of Undelivered Contract Subaccount the first Distribution Date) amount received from the Seller pursuant to Section 2.02(u). Amounts on deposit in the Undelivered Contract Subaccount shall be deposited withdrawn by the Trustee as follows:
(i) If the Seller delivers the related Land-and-Home Contract File for an Undelivered Contract to the Certificate Account. On Trustee at least two Business Days before the Distribution Date related to the Reporting Date next succeeding termination last day of the Pre-Funding Period, the Trustee shall withdraw from an amount equal to 100% of the Cut-off Date Principal Balance of such Contract and pay such amount to or upon the order of the Seller.
(ii) [Reserved]
(iii) The Seller shall give the Trustee telephonic notice of its intended delivery of Land-and-Home Contract Files. The Trustee will use reasonable efforts to process the Land-and-Home Contract Files and remit any amount payable for them to the Seller in a timely manner.
(iv) On the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Undelivered Contract Subaccount, net of investment earnings.
d. The Pre-Funding Account shall be part of the Trust but not part of the Master REMIC or Subsidiary REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre-Funding Account and deposit in Account. The Seller shall be the Certificate Account beneficial owner of the amount on deposit Pre-Funding Account, subject to the foregoing power of the Trustee to transfer amounts in the Pre-Funding Account as of to the close of business on the last day of Certificate Account. Funds in the Pre-Funding PeriodAccount shall, at the direction of the Servicer, be invested in Eligible Investments of the kind described in clauses (i) and (ii)(A) of the definition of "Eligible Investment" and that mature no later than the Business Day prior to the next succeeding Payment Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the Seller. The Trustee shall release to the Seller all investment earnings in the Pre-Funding Account on the Post-Funding Remittance Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Pre-Funding Account. (a) The a. On or before the Closing Date, the Trustee shall establish and shall thereafter maintain the Pre-Funding Account. The Pre-Funding Account shall on behalf of the Trust, which must be an Eligible Account. The Pre-Funding Account shall be entitled "Xxxxxx Trust and Savings BankPre-Funding Account, U.S. Bank National Association as Trustee, Trustee for the benefit of registered holders of National Auto Trust Automobile Loan Asset-Backed Certificates, and Series 2000-5." The Trustee shall maintain within the Certificate Insurer -- Pre-Funding Account." On Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount. The Undelivered Contract Subaccount pertains to those Land-and-Home Contracts transferred to the Trust on the Closing Date, Date that are Undelivered Contracts. Funds deposited in the Transferor Pre-Funding Account shall deliver $7,747,810.67 to be held in trust by the Trustee for the Holders of the Certificates for the uses and purposes set forth herein.
b. The Trustee shall deposit in the Pre-Funding Account and Subaccount the Trustee shall deposit such amount therein upon its receipt thereof. The Trustee also shall deposit into the Pre-Funding Account any income or gain earned received from the investment of amounts Seller pursuant to Section 2.02(v). Amounts on deposit in the Pre-Funding Account Subaccount shall be withdrawn by the Trustee as received.follows:
(bi) On each Subsequent Transfer Date, upon satisfaction of each of the conditions set forth in Section 2.06 with respect to the transfer of Additional Contracts to the Trust on such any Subsequent Transfer Date, the Trustee shall withdraw from an amount equal to 100% of the PreCut-Funding Account off Date Principal Balance of each Subsequent Contract transferred and pay to the Transferor the amount designated in the Transferor's written direction assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the Master Servicer delivered pursuant order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) with respect to Section 2.06. such transfer and assignment.
(ii) On each Distribution the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any income and gain earned from the investment of amounts on deposit remaining in the Pre-Funding Account since the previous Distribution Date (or the Closing DateSubaccount, net of investment earnings.
c. The Trustee shall deposit in the case of Undelivered Contract Subaccount the first Distribution Date) amount received from the Seller pursuant to Section 2.02(w). Amounts on deposit in the Undelivered Contract Subaccount shall be deposited withdrawn by the Trustee as follows:
(i) If the Seller delivers the related Land-and-Home Contract File for an Undelivered Contract to the Certificate Account. On Trustee at least two Business Days before the Distribution Date related to the Reporting Date next succeeding termination last day of the Pre-Funding Period, the Trustee shall withdraw from an amount equal to 100% of the Cut-off Date Principal Balance of such Contract and pay such amount to or upon the order of the Seller.
(ii) [Reserved]
(iii) The Seller shall give the Trustee telephonic notice of its intended delivery of Land-and-Home Contract Files. The Trustee will use reasonable efforts to process the Land-and-Home Contract Files and remit any amount payable for them to the Seller in a timely manner.
(iv) On the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Undelivered Contract Subaccount, net of investment earnings.
d. The Pre-Funding Account shall be part of the Trust but not part of the Master REMIC or Subsidiary REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre-Funding Account and deposit in Account. The Seller shall be the Certificate Account beneficial owner of the amount on deposit Pre-Funding Account, subject to the foregoing power of the Trustee to transfer amounts in the Pre-Funding Account as of to the close of business on the last day of Certificate Account. Funds in the Pre-Funding PeriodAccount shall, at the direction of the Servicer, be invested in Eligible Investments of the kind described in clauses (i) and (ii)(A) of the definition of "Eligible Investment" and that mature no later than the Business Day prior to the next succeeding Remittance Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the Seller. Any losses on such investments shall be deposited in the Pre-Funding Account by the Seller immediately as realized. The Trustee shall release to the Seller all investment earnings in the Pre-Funding Account on the Post-Funding Remittance Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Pre-Funding Account. (a) The Trustee shall establish and shall thereafter maintain the Pre-Funding Account. The Pre-Funding Account shall be an Eligible Account. The Pre-Funding Account shall be entitled "Xxxxxx Trust and Savings Bank, as Trustee, for the benefit of registered holders of National Auto Trust Automobile Loan AssetReceivables-Backed Certificates, and the Certificate Insurer -- Pre-Funding Account." On the Closing Date, the Transferor shall deliver $7,747,810.67 15,524,168.66 to the Trustee for deposit in the Pre-Funding Account and the Trustee shall deposit such amount therein upon its receipt thereof. The Trustee also shall deposit into the Pre-Funding Account any income or gain earned from the investment of amounts on deposit in the Pre-Funding Account as received.
(b) On each Subsequent Transfer Date, upon satisfaction of each of the conditions set forth in Section 2.06 with respect to the transfer of Additional Contracts to the Trust on such Subsequent Transfer Date, the Trustee shall withdraw from the Pre-Funding Account and pay to the Transferor the amount designated in the Transferor's written direction to the Trustee and the Master Servicer delivered pursuant to Section 2.06. On each Distribution Date, any income and gain earned from the investment of amounts on deposit in the Pre-Funding Account since the previous Distribution Date (or the Closing Date, in the case of the first Distribution Date) shall be deposited to the Certificate Account. On the Distribution Date related to the Reporting Date next succeeding termination of the Pre-Funding Period, the Trustee shall withdraw from the Pre-Funding Account and deposit in the Certificate Account the amount on deposit in the Pre-Funding Account as of the close of business on the last day of the Pre-Funding Period.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (National Auto Finance Co Inc)
Pre-Funding Account. (a) The a. On or before the Closing Date, the Trustee shall establish and shall thereafter maintain the Pre-Funding Account. The Pre-Pre- Funding Account shall on behalf of the Trust, which must be an Eligible Account. The Pre-Funding Account shall be entitled "Xxxxxx Trust and Savings BankPre-Funding Account, U.S. Bank National Association as Trustee, Trustee for the benefit of registered holders of National Auto Trust Automobile Loan Asset-Backed Certificates, and Series 2000- 6." The Trustee shall maintain within the Certificate Insurer -- Pre-Funding Account." On Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount. The Undelivered Contract Subaccount pertains to those Land-and-Home Contracts transferred to the Trust on the Closing Date, Date that are Undelivered Contracts. Funds deposited in the Transferor Pre-Funding Account shall deliver $7,747,810.67 to be held in trust by the Trustee for the Holders of the Certificates for the uses and purposes set forth herein.
b. The Trustee shall deposit in the Pre-Funding Account and Subaccount the Trustee shall deposit such amount therein upon its receipt thereof. The Trustee also shall deposit into the Pre-Funding Account any income or gain earned received from the investment of amounts Seller pursuant to Section 2.02(v). Amounts on deposit in the Pre-Funding Account Subaccount shall be withdrawn by the Trustee as received.follows:
(bi) On each Subsequent Transfer Date, upon satisfaction of each of the conditions set forth in Section 2.06 with respect to the transfer of Additional Contracts to the Trust on such any Subsequent Transfer Date, the Trustee shall withdraw from an amount equal to 100% of the PreCut-Funding Account off Date Principal Balance of each Subsequent Contract transferred and pay to the Transferor the amount designated in the Transferor's written direction assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the Master Servicer delivered pursuant order of the Seller upon satisfaction of the conditions set forth in Section 2.03(b) with respect to Section 2.06. such transfer and assignment.
(ii) On each Distribution the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any income and gain earned from the investment of amounts on deposit remaining in the Pre-Funding Account since the previous Distribution Date (or the Closing DateSubaccount, net of investment earnings.
c. The Trustee shall deposit in the case of Undelivered Contract Subaccount the first Distribution Date) amount received from the Seller pursuant to Section 2.02(w). Amounts on deposit in the Undelivered Contract Subaccount shall be deposited withdrawn by the Trustee as follows:
(i) If the Seller delivers the related Land-and-Home Contract File for an Undelivered Contract to the Certificate Account. On Trustee at least two Business Days before the Distribution Date related to the Reporting Date next succeeding termination last day of the Pre-Funding Period, the Trustee shall withdraw from an amount equal to 100% of the Cut-off Date Principal Balance of such Contract and pay such amount to or upon the order of the Seller.
(ii) [Reserved]
(iii) The Seller shall give the Trustee telephonic notice of its intended delivery of Land-and-Home Contract Files. The Trustee will use reasonable efforts to process the 8-11 Land-and-Home Contract Files and remit any amount payable for them to the Seller in a timely manner.
(iv) On the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Undelivered Contract Subaccount, net of investment earnings.
d. The Pre-Funding Account shall be part of the Trust but not part of the Master REMIC or Subsidiary REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre-Funding Account and deposit in Account. The Seller shall be the Certificate Account beneficial owner of the amount on deposit Pre-Funding Account, subject to the foregoing power of the Trustee to transfer amounts in the Pre-Funding Account as of to the close of business on the last day of Certificate Account. Funds in the Pre-Funding PeriodAccount shall, at the direction of the Servicer, be invested in Eligible Investments of the kind described in clauses (i) and (ii)(A) of the definition of "Eligible Investment" and that mature no later than the Business Day prior to the next succeeding Remittance Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the Seller. Any losses on such investments shall be deposited in the Pre-Funding Account by the Seller immediately as realized. The Trustee shall release to the Seller all investment earnings in the Pre-Funding Account on the Post-Funding Remittance Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Conseco Finance Securitizations Corp)
Pre-Funding Account. (a) The a. On or before the Closing Date, the Trustee shall establish and shall thereafter maintain the Pre-Funding Account. The Pre-Pre- Funding Account shall on behalf of the Trust, which must be an Eligible Account. The Pre-Funding Account shall be entitled "Xxxxxx Trust and Savings BankPre-Funding Account, U.S. Bank National Association as Trustee, Trustee for the benefit of registered holders of National Auto Trust Automobile Loan Asset-Backed Certificates, and Series 1999-5." The Trustee shall maintain within the Certificate Insurer -- Pre-Funding Account." On Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount. The Undelivered Contract Subaccount pertains to those Land-and-Home Contracts transferred to the Trust on the Closing Date, Date that are Undelivered Contracts. Funds deposited in the Transferor Pre-Funding Account shall deliver $7,747,810.67 to be held in trust by the Trustee for the Holders of the Certificates for the uses and purposes set forth herein.
b. The Trustee shall deposit in the Pre-Funding Account and Subaccount the Trustee shall deposit such amount therein upon its receipt thereof. The Trustee also shall deposit into the Pre-Funding Account any income or gain earned received from the investment of amounts Company pursuant to Section 2.02(t). Amounts on deposit in the Pre-Funding Account Subaccount shall be withdrawn by the Trustee as received.follows:
(bi) On each Subsequent Transfer Date, upon satisfaction of each of the conditions set forth in Section 2.06 with respect to the transfer of Additional Contracts to the Trust on such any Subsequent Transfer Date, the Trustee shall withdraw from an amount equal to 100% of the PreCut-Funding Account off Date Principal Balance of each Subsequent Contract transferred and pay to the Transferor the amount designated in the Transferor's written direction assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the Master Servicer delivered pursuant order of the Company upon satisfaction of the conditions set forth in Section 2.03(b) with respect to Section 2.06. such transfer and assignment.
(ii) On each Distribution the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any income and gain earned from the investment of amounts on deposit remaining in the Pre-Funding Account since the previous Distribution Date (or the Closing DateSubaccount, net of investment earnings.
c. The Trustee shall deposit in the case of Undelivered Contract Subaccount the first Distribution Date) amount received from the Company pursuant to Section 2.02(u). Amounts on deposit in the Undelivered Contract Subaccount shall be deposited withdrawn by the Trustee as follows:
(i) If the Company delivers the related Land-and-Home Contract File for an Undelivered Contract to the Certificate Account. On Trustee at least two Business Days before the Distribution Date related to the Reporting Date next succeeding termination last day of the Pre-Funding Period, the Trustee shall withdraw from an amount equal to 100% of the Cut-off Date Principal Balance of such Contract and pay such amount to or upon the order of the Company.
(ii) [Reserved]
(iii) The Company shall give the Trustee telephonic notice of its intended delivery of Land-and-Home Contract Files. The Trustee will use reasonable efforts to process the Land-and-Home Contract Files and remit any amount payable for them to the Company in a timely manner.
(iv) On the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Undelivered Contract Subaccount, net of investment earnings.
d. The Pre-Funding Account shall be part of the Trust but not part of the Master REMIC or Subsidiary REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre-Funding Account and deposit in Account. The Company shall be the Certificate Account beneficial owner of the amount on deposit Pre-Funding Account, subject to the foregoing power of the Trustee to transfer amounts in the Pre-Funding Account as of to the close of business on the last day of Certificate Account. Funds in the Pre-Funding PeriodAccount shall, at the direction of the Servicer, be invested in Eligible Investments of the kind described in clauses (i) and (ii)(A) of the definition of "Eligible Investment" and that mature no later than the Business Day prior to the next succeeding Payment Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the Company. The Trustee shall release to the Company all investment earnings in the Pre-Funding Account on the Post-Funding Remittance Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)
Pre-Funding Account. (a) The a. On or before the Closing Date, the Trustee shall establish and shall thereafter maintain the Pre-Funding Account. The Pre-Funding Account shall on behalf of the Trust, which must be an Eligible Account. The Pre-Funding Account shall be entitled "Xxxxxx Trust and Savings BankPre-Funding Account, U.S. Bank National Association as Trustee, Trustee for the benefit of registered holders of National Auto Trust Automobile Loan Asset-Backed Certificates, and Series 1999-4." The Trustee shall maintain within the Certificate Insurer -- Pre-Funding Account." On Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount. The Undelivered Contract Subaccount pertains to those Land-and-Home Contracts transferred to the Trust on the Closing Date, Date that are Undelivered Contracts. Funds deposited in the Transferor Pre-Funding Account shall deliver $7,747,810.67 to be held in trust by the Trustee for the Holders of the Certificates for the uses and purposes set forth herein.
b. The Trustee shall deposit in the Pre-Funding Account and Subaccount the Trustee shall deposit such amount therein upon its receipt thereof. The Trustee also shall deposit into the Pre-Funding Account any income or gain earned received from the investment of amounts Company pursuant to Section 2.02(t). Amounts on deposit in the Pre-Funding Account Subaccount shall be withdrawn by the Trustee as received.follows:
(bi) On each Subsequent Transfer Date, upon satisfaction of each of the conditions set forth in Section 2.06 with respect to the transfer of Additional Contracts to the Trust on such any Subsequent Transfer Date, the Trustee shall withdraw from an amount equal to 100% of the PreCut-Funding Account off Date Principal Balance of each Subsequent Contract transferred and pay to the Transferor the amount designated in the Transferor's written direction assigned to the Trustee on such Subsequent Transfer Date and pay such amount to or upon the Master Servicer delivered pursuant order of the Company upon satisfaction of the conditions set forth in Section 2.03(b) with respect to Section 2.06. such transfer and assignment.
(ii) On each Distribution the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any income and gain earned from the investment of amounts on deposit remaining in the Pre-Funding Account since the previous Distribution Date (or the Closing DateSubaccount, net of investment earnings.
c. The Trustee shall deposit in the case of Undelivered Contract Subaccount the first Distribution Date) amount received from the Company pursuant to Section 2.02(u). Amounts on deposit in the Undelivered Contract Subaccount shall be deposited withdrawn by the Trustee as follows:
(i) If the Company delivers the related Land-and-Home Contract File for an Undelivered Contract to the Certificate Account. On Trustee at least two Business Days before the Distribution Date related to the Reporting Date next succeeding termination last day of the Pre-Funding Period, the Trustee shall withdraw from an amount equal to 100% of the Cut-off Date Principal Balance of such Contract and pay such amount to or upon the order of the Company.
(ii) [Reserved]
(iii) The Company shall give the Trustee telephonic notice of its intended delivery of Land-and-Home Contract Files. The Trustee will use reasonable efforts to process the Land-and-Home Contract Files and remit any amount payable for them to the Company in a timely manner.
(iv) On the Business Day immediately preceding the Post-Funding Remittance Date, the Trustee shall deposit into the Certificate Account any amounts remaining in the Undelivered Contract Subaccount, net of investment earnings.
d. The Pre-Funding Account shall be part of the Trust but not part of the Master REMIC or Subsidiary REMIC. The Trustee on behalf of the Trust shall be the legal owner of the Pre-Funding Account and deposit in Account. The Company shall be the Certificate Account beneficial owner of the amount on deposit Pre-Funding Account, subject to the foregoing power of the Trustee to transfer amounts in the Pre-Funding Account as of to the close of business on the last day of Certificate Account. Funds in the Pre-Funding PeriodAccount shall, at the direction of the Servicer, be invested in Eligible Investments of the kind described in clauses (i) and (ii)(A) of the definition of "Eligible Investment" and that mature no later than the Business Day prior to the next succeeding Payment Date. All amounts earned on deposits in the Pre-Funding Account shall be taxable to the Company. The Trustee shall release to the Company all investment earnings in the Pre-Funding Account on the Post-Funding Remittance Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)