Series Supplements. The parties hereto intend to enter into a Series Supplement hereto with respect to any Series other than the Series 1993-A Certificates. The parties will enter into a Series Supplement only if the following conditions shall have been satisfied: (i) The Seller shall have sold or will sell Receivables to a Trust or to a corporation pursuant to (A) a Pooling and Servicing Agreement under which the Trustee shall act as trustee, (B) a Sale and Servicing Agreement in form and substance satisfactory to Financial Security, with respect to which the Trustee shall act as Indenture Trustee, and which Sale and Servicing Agreement may provide for the sale of Subsequent Receivables to the related Trust or (C) a Repurchase Agreement in form and substance satisfactory to Financial Security, with respect to which the Trustee shall act as Indenture Trustee with respect to the related Notes; (ii) Financial Security shall have issued (A) one or more Policies in respect of the Guaranteed Distributions on Certificates issued pursuant to the related Pooling and Servicing Agreement or Trust Agreement, and/or (B) one or more Note Policies in respect of the Scheduled Payments on the Notes issued pursuant to the related Indenture; and (iii) Pursuant to the related Series Supplement any and all right, title and interest of the Seller, OFL or any affiliate of either of them in the Collateral specified herein shall be pledged to the Secured Parties substantially on the terms set forth in Section 2.03 hereof.
Appears in 4 contracts
Samples: Spread Account Agreement (Arcadia Financial LTD), Spread Account Agreement (Arcadia Financial LTD), Spread Account Agreement (Arcadia Financial LTD)
Series Supplements. The parties hereto intend to enter into a Series Supplement hereto with respect to any Series other than the Series 1993-A Certificates. The parties will enter into a Series Supplement only if the following conditions shall have been satisfied:
(i) The Seller shall have sold or will sell Receivables to a Trust or to a corporation pursuant to (A) a Pooling and Servicing Agreement under which the Trustee shall act as trustee, (B) a Sale and Servicing Agreement in form and substance satisfactory to Financial Security, with respect to which the Trustee shall act as Indenture Trustee, and which Sale and Servicing Agreement may provide for the sale of Subsequent Receivables to the related Trust or (C) a Repurchase Agreement in form and substance satisfactory to Financial Security, with respect to which the Trustee shall act as Indenture Trustee with respect to the related Notes;
(ii) Financial Security shall have issued (A) one or more Policies in respect of the Guaranteed Distributions on Certificates issued pursuant to the related Pooling and Servicing Agreement or Trust Agreement, and/or (B) one or more Note Policies in respect of the Scheduled Payments on the Notes issued pursuant to the related Indenture; and
(iii) Pursuant to the related Series Supplement any and all right, title and interest of the Seller, OFL or any affiliate of either of them in the Collateral specified herein shall be pledged to the Secured Parties substantially on the terms set forth in Section 2.03 hereof.
Appears in 3 contracts
Samples: Spread Account Agreement (Olympic Financial LTD), Spread Account Agreement (Arcadia Financial LTD), Spread Account Agreement (Olympic Financial LTD)
Series Supplements. The parties hereto intend to enter into a Series Supplement hereto with respect to any Series other than the Series 1993-A Certificates. The parties will enter into a Series Supplement only if the following conditions shall have been satisfied:
(i) The Seller shall have sold or will sell Receivables to a Trust or to a corporation pursuant to (A) a Pooling and Servicing Agreement under which the Trustee shall act as trustee, (B) a Sale and Servicing Agreement in form and substance satisfactory to Financial Security, with respect to which the Trustee shall act as Indenture Trustee, and which Sale and Servicing Agreement may provide for the sale of Subsequent Receivables to the related Trust or (C) a Repurchase Warehousing Series Sale and Servicing Agreement in form and substance satisfactory to Financial Security, with respect to which the Trustee shall act as Indenture Trustee with respect to the related Notes;
(ii) Financial Security shall have issued (A) one or more Policies in respect of the Guaranteed Distributions on Certificates issued pursuant to the related Pooling and Servicing Agreement or Trust Agreement, and/or (B) one or more Note Policies in respect of the Scheduled Payments on the Notes issued pursuant to the related Indenture; and
(iii) Pursuant to the related Series Supplement any and all right, title and interest of the Seller, OFL or any affiliate of either of them in the Collateral specified herein shall be pledged to the Secured Parties substantially on the terms set forth in Section 2.03 hereof.
Appears in 1 contract
Series Supplements. The parties hereto intend to enter into a Series Supplement hereto with respect to any Series other than the Series 1993-A Certificates. The parties will enter into a Series Supplement only if the following conditions shall have been satisfied:
(i) The Seller shall have sold or will sell Receivables to a Trust or to a corporation pursuant to (A) a Pooling and Servicing Agreement under which the Trustee shall act as trustee, (B) a Sale and Servicing Agreement in form and substance satisfactory to Financial Security, with respect to which the Trustee shall act as Indenture Trustee, and which Sale and Servicing Agreement may provide for the sale of Subsequent Receivables to the related Trust or (C) a Repurchase Warehousing Series Sale and Servicing Agreement in form and substance satisfactory to Financial Security, with respect to which the Trustee shall act as Indenture Trustee with respect to the related Notes;
(ii) Financial Security shall have issued (A) one or more Policies in respect of the Guaranteed Distributions on Certificates issued pursuant to the related Pooling and Servicing Agreement or Trust Agreement, and/or (B) one or more Note Policies in respect of the Scheduled Payments on the Notes issued pursuant to the related Indenture; and
(iii) Pursuant to the related Series Supplement any and all right, title and interest of the Seller, OFL Arcadia Financial or any affiliate of either of them in the Collateral specified herein shall be pledged to the Secured Parties substantially on the terms set forth in Section 2.03 hereof.
Appears in 1 contract
Series Supplements. The parties hereto intend to enter into a Series Supplement hereto with respect to any Series other than the Series 1993-A Certificates. The parties will enter into a Series Supplement only if the following conditions shall have been satisfied:
(i) The Seller shall have sold or will sell Receivables to a Trust or to a corporation pursuant to (A) a Pooling and Servicing Agreement under which the Trustee shall act as trusteeTrustee, (B) a Sale sale and Servicing Agreement in form and substance satisfactory to Financial Security, with respect to which the Trustee shall act as Indenture Trustee, and which Sale sale and Servicing Agreement may provide for the sale of Subsequent Receivables to the related Trust or (C) a Repurchase Warehousing Series Sale and Servicing Agreement in form and substance satisfactory to Financial Security, with respect to which the Trustee shall act as Indenture Trustee with respect to the related Notes;
(ii) Financial Security shall have issued (A) one or more Policies in respect of the Guaranteed Distributions on Certificates issued pursuant to the related Pooling and Servicing Agreement or Trust Agreement, and/or (B) one or more Note Policies in respect of the Scheduled Payments on the Notes issued pursuant to the related Indenture; and
(iii) Pursuant to the related Series Supplement any and all right, title and interest of the Seller, OFL Arcadia Financial or any affiliate of either of them in the Collateral specified herein shall be pledged to the Secured Parties substantially on the terms set forth in Section 2.03 hereof.
Appears in 1 contract