Common use of Termination and Release of Rights Clause in Contracts

Termination and Release of Rights. (a) On the Insurer Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer herein shall survive such Insurer Termination Date. If the Insurer is acting as Controlling Party on the related Insurer Termination Date, the Insurer agrees, at the expense of the Issuer, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer and any Person claiming by, through or under the Insurer. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the Issuer, to execute and deliver such instruments as the Issuer may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On the Final Termination Date, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the Issuer, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer as the Issuer may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the Issuer, and to otherwise release the lien of this Agreement and release and deliver to the Issuer the Spread Account Agreement Collateral.

Appears in 11 contracts

Samples: Spread Account Agreement (AmeriCredit Prime Automobile Receivables Trust 2007-2-M), Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2005-B-M), Spread Account Agreement (AFS SenSub Corp.)

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Termination and Release of Rights. (a) On the Insurer Termination DateDate relating to a Series, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer Financial Security pursuant to this Agreement in respect of the Spread Account Agreement Collateral related to such Series shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer Financial Security with respect to such Spread Account Agreement Collateral shall be automatically released; provided PROVIDED that any indemnity provided to or by the Insurer Financial Security herein shall survive such Insurer Termination Date. If the Insurer Financial Security is acting as Controlling Party with respect to a Series on the related Insurer Termination Date, the Insurer Financial Security agrees, at the expense of the IssuerSeller, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer Financial Security and any Person claiming by, through or under the InsurerFinancial Security. (b) On the Trustee Termination DateDate related to a Series, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral related to such Series shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided PROVIDED that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party with respect to a Series on the related Trustee Termination Date, the Trustee agrees, at the expense of the IssuerSeller, to execute and deliver such instruments as the Issuer Seller may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination DateDate with respect to a Series, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement with respect to such Series shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral related to such Series shall be automatically released. On the Final Termination DateDate with respect to a Series, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerSeller, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Seller as the Issuer Seller may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the IssuerSeller, and to otherwise release the lien of this Agreement and release and deliver to the Issuer Seller the Spread Account Agreement CollateralCollateral related to such Series.

Appears in 9 contracts

Samples: Spread Account Agreement (Arcadia Financial LTD), Spread Account Agreement (Olympic Financial LTD), Spread Account Agreement (Arcadia Financial LTD)

Termination and Release of Rights. (a) On the Insurer Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer Financial Security pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer Financial Security with respect to such Spread Account Agreement the Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer Financial Security herein shall survive such Insurer Termination Date. If the Insurer Financial Security is acting as Controlling Party on the related Insurer Termination Date, the Insurer Financial Security agrees, at the expense of the IssuerTrust, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer Financial Security and any Person claiming by, through or under the InsurerFinancial Security. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement the Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the IssuerTrust, to execute and deliver such instruments as the Issuer Trust may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral shall be automatically releasedreleased in accordance with the provisions of Section 3.03(b). On the Final Termination Date, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerTrust, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Trust as the Issuer Trust may reasonably request, to deliver any Spread Account Agreement Collateral the Collateral, if any, in its possession to the IssuerTrust, and to otherwise release the lien of this Agreement and release and deliver to the Issuer Trust the Spread Account Agreement Collateral.

Appears in 3 contracts

Samples: Spread Account Agreement (AFS SenSub Corp.), Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2008-a-F), Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2007-D-F)

Termination and Release of Rights. (a) On each VFN Prepayment Date, the Insurer Administrative Agent shall, at the expense of the Borrower: execute such instruments of release with respect to the Prepayment Related Collateral, in recordable form if necessary, in favor of the Borrower as the Borrower may reasonably request; deliver any Prepayment Related Collateral in its possession to the Borrower; and otherwise take such actions, and/or cause or permit the Servicer to take such actions, at the Borrower's expense, as are necessary and appropriate to release the lien of this Agreement and release and deliver to the Borrower the Prepayment Related Collateral. (b) On the Termination Date, except as otherwise provided herein, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer herein shall survive such Insurer Termination Date. If the Insurer is acting as Controlling Party on the related Insurer Termination Date, the Insurer agrees, at the expense of the Issuer, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer and any Person claiming by, through or under the Insurer. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the Issuer, to execute and deliver such instruments as the Issuer may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Administrative Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Administrative Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On the Final Termination Date, the Collateral Administrative Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerBorrower, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Borrower as the Issuer Borrower may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the IssuerBorrower, and otherwise to otherwise take such actions, and/or cause or permit the Servicer to take such actions, as are necessary and appropriate to release the lien of this Agreement and release and deliver to the Issuer Borrower the Spread Account Agreement Collateral. (c) To the extent, if any, otherwise required of the Borrower by the terms of any Basic Agreement and permitted by the terms hereof and thereof, the Administrative Agent may, and otherwise upon the prior written instructions of a respective Authorized Officer of each Funding Agent that is a member of the Required Lending Groups, the Administrative Agent shall, at the expense of the Borrower take (in each case) such steps as may be necessary, or as the Borrower, in a manner consistent with the Basic Agreements, may reasonably request, to release the interests of the Secured Parties in any items of the Collateral, including but not limited to redelivering and reassigning to the Borrower any releases necessary to permit the Borrower to transfer its interest in such items of the Collateral in accordance with the terms of the Basic Agreements. (d) No more than twice per month, the Administrative Agent shall, at the Borrower's request and at the expense of the Borrower: execute such instruments of release with respect to Receivables or Asset Backed Securities that are not part of the Pool Balance, in recordable form if necessary in favor of the Borrower as the Borrower may request; deliver any related Collateral in its possession to the Borrower; and otherwise take such actions, and/or cause the Servicer to take such action, at the Borrower's expense, as are necessary or appropriate to release the lien of this Agreement and release and deliver to the Borrower the related Collateral.

Appears in 2 contracts

Samples: Security and Funding Agreement (Americredit Corp), Security and Funding Agreement (Americredit Corp)

Termination and Release of Rights. (a) On the Insurer Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer Assured Guaranty pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer Assured Guaranty with respect to such Spread Account Agreement the Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer Assured Guaranty herein shall survive such Insurer Termination Date. If the Insurer Assured Guaranty is acting as Controlling Party on the related Insurer Termination Date, the Insurer Assured Guaranty agrees, at the expense of the IssuerTrust, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer Assured Guaranty and any Person claiming by, through or under the InsurerAssured Guaranty. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement the Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the IssuerTrust, to execute and deliver such instruments as the Issuer Trust may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral shall be automatically releasedreleased in accordance with the provisions of Section 3.03(b). On the Final Termination Date, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerTrust, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Trust as the Issuer Trust may reasonably request, to deliver any Spread Account Agreement Collateral the Collateral, if any, in its possession to the IssuerTrust, and to otherwise release the lien of this Agreement and release and deliver to the Issuer Trust the Spread Account Agreement Collateral.

Appears in 2 contracts

Samples: Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2010-A), Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2010-B)

Termination and Release of Rights. (a) On the Insurer Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer herein shall survive such Insurer Termination Date. If the Insurer is acting as Controlling Party on the related Insurer Termination Date, the Insurer agrees, at the expense of the IssuerIssuing Entity, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer and any Person claiming by, through or under the Insurer. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the IssuerIssuing Entity, to execute and deliver such instruments as the Issuer Issuing Entity may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Issuing Entity Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Issuing Entity Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On the Final Termination Date, the Collateral Agent agrees, and each Issuer Issuing Entity Secured Party agrees, at the expense of the IssuerIssuing Entity, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Issuing Entity as the Issuer Issuing Entity may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the IssuerIssuing Entity, and to otherwise release the lien of this Agreement and release and deliver to the Issuer Issuing Entity the Spread Account Agreement Collateral.

Appears in 2 contracts

Samples: Spread Account Agreement (UPFC Auto Receivables Trust 2007-B), Spread Account Agreement (UPFC Auto Receivables Trust 2006-B)

Termination and Release of Rights. (a) On the Insurer Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer herein shall survive such Insurer Termination Date. If the Insurer is acting as Controlling Party on the related Insurer Termination Date, the Insurer agrees, at the expense of the Issuer, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer and any Person claiming by, through or under the Insurer. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the Issuer, to execute and deliver such instruments as the Issuer may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Trust Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Trust Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On the Final Termination Date, the Collateral Agent agrees, and each Issuer Trust Secured Party agrees, at the expense of the Issuer, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer as the Issuer may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the Issuer, and to otherwise release the lien of this Agreement and release and deliver to the Issuer the Spread Account Agreement Collateral.

Appears in 2 contracts

Samples: Spread Account Agreement (UPFC Auto Receivables Trust 2006-A), Spread Account Agreement (UPFC Auto Receivables Trust 2007-A)

Termination and Release of Rights. (a) On the Insurer Termination DateDate relating to a Series, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer Financial Security pursuant to this Agreement in respect of the Spread Account Agreement Collateral related to such Series shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer Financial Security with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer Financial Security herein shall survive such Insurer Termination Date. If the Insurer Financial Security is acting as Controlling Party with respect to a Series on the related Insurer Termination Date, the Insurer Financial Security agrees, at the expense of the IssuerSeller, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer Financial Security and any Person claiming by, through or under the InsurerFinancial Security. (b) On the Trustee Termination DateDate related to a Series, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral related to such Series shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party with respect to a Series on the related Trustee Termination Date, the Trustee agrees, at the expense of the IssuerSeller, to execute and deliver such instruments as the Issuer Seller may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination DateDate with respect to a Series, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement with respect to such Series shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral related to such Series shall be automatically released. On the Final Termination DateDate with respect to a Series, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerSeller, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Seller as the Issuer Seller may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the IssuerSeller, and to otherwise release the lien of this Agreement and release and deliver to the Issuer Seller the Spread Account Agreement CollateralCollateral related to such Series.

Appears in 1 contract

Samples: Spread Account Agreement (Arcadia Financial LTD)

Termination and Release of Rights. (a) On the Insurer Termination DateDate relating to a Series, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer Financial Security pursuant to this Agreement in respect of the Spread Account Agreement Collateral related to such Series (and, to the extent provided herein, in respect of Collateral related to other Series) shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer Financial Security with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer Financial Security herein shall survive such Insurer Termination Date. If the Insurer Financial Security is acting as Controlling Party with respect to a Series on the related Insurer Termination Date, the Insurer Financial Security agrees, at the expense of the IssuerTransferor, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate effect such release, and any such instruments so executed and delivered shall be fully binding on the Insurer Financial Security and any Person claiming by, through or under the InsurerFinancial Security. (b) On the Trustee Termination DateDate related to a Series, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral related to such Series (and, to the extent provided herein, in respect of Collateral related to other Series) shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party with respect to a Series on the related Trustee Termination Date, the Trustee agrees, at the expense of the IssuerTransferor, to execute and deliver such instruments as the Issuer Transferor may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination DateDate with respect to a Series, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral related to such Series (and, to the extent provided herein, in respect of Collateral related to other Series) shall be automatically released. On the Final Termination DateDate with respect to a Series, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerTransferor, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Transferor as the Issuer Transferor may reasonably request, to deliver any Spread Account Agreement Collateral related to such Series in its possession to the IssuerTransferor, and to otherwise release the lien of this Agreement and release and deliver to the Issuer Transferor the Spread Account Agreement CollateralCollateral related to such Series.

Appears in 1 contract

Samples: Master Spread Account Agreement (National Auto Finance Co Inc)

Termination and Release of Rights. (a1) On each VFN Prepayment Date, the Administrative Agent shall, at the expense of the Borrower: execute such instruments of release with respect to the Prepayment Related Collateral, in recordable form if necessary, in favor of the Borrower as the Borrower may reasonably request; deliver any Prepayment Related Collateral in its possession to the Borrower; and otherwise take such actions, and/or cause or permit the Servicer to take such actions, at the Borrower's expense, as are necessary and appropriate to release the lien of this Agreement and release and deliver to the Borrower the Prepayment Related Collateral. (2) On the Insurer Termination Date, except as otherwise provided herein, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer herein shall survive such Insurer Termination Date. If the Insurer is acting as Controlling Party on the related Insurer Termination Date, the Insurer agrees, at the expense of the Issuer, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer and any Person claiming by, through or under the Insurer. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the Issuer, to execute and deliver such instruments as the Issuer may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Administrative Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Administrative Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On the Final Termination Date, the Collateral Administrative Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerBorrower, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Borrower as the Issuer Borrower may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the IssuerBorrower, and otherwise to otherwise take such actions, and/or cause or permit the Servicer to take such actions, as are necessary and appropriate to release the lien of this Agreement and release and deliver to the Issuer Borrower the Spread Account Agreement Collateral. (3) To the extent, if any, otherwise required of the Borrower by the terms of any Basic Agreement and permitted by the terms hereof and thereof, the Administrative Agent may, and otherwise upon the prior written instructions of

Appears in 1 contract

Samples: Security Agreement (Americredit Corp)

Termination and Release of Rights. (a) On the Insurer Termination DateDate relating to a Series, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer Financial Security pursuant to this Agreement in respect of the Spread Account Agreement Collateral related to such Series (and, to the extent provided herein, in respect of Collateral related to other Series) shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer Financial Security with respect to such Spread Account Agreement Collateral shall be automatically released; provided PROVIDED, that any indemnity provided to or by the Insurer Financial Security herein shall survive such Insurer Termination Date. If the Insurer Financial Security is acting as Controlling Party with respect to a Series on the related Insurer Termination Date, the Insurer Financial Security agrees, at the expense of the IssuerSeller, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on Financial Security and any Person claiming by, through or under Financial Security. (b) On the later to occur of (i) the Trustee Termination Date related to a Series and (ii) the date the Class B Certificates of such Series have been paid in full, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Collateral related to such Series (and, to the extent provided herein, in respect of Collateral related to other Series) shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Collateral shall be automatically released; PROVIDED, that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party with respect to a Series on the related Trustee Termination Date, the Trustee agrees, at the expense of the Seller, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer and any Person claiming by, through or under the Insurer. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the Issuer, to execute and deliver such instruments as the Issuer may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the later to occur of (i) Final Termination DateDate with respect to a Series and (ii) the date the Class B Certificates of such Series have been paid in full, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral related to such Series (and, to the extent provided herein, in respect of Collateral related to other Series) shall be automatically released. On the Final Termination Datelater to occur of the dates specified in (i) and (ii) above with respect to a Series, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerSeller, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Seller as the Issuer Seller may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the IssuerSeller, and to otherwise release the lien of this Agreement and release and deliver to the Issuer Seller the Spread Account Agreement CollateralCollateral related to such Series.

Appears in 1 contract

Samples: Master Spread Account Agreement (Consumer Portfolio Services Inc)

Termination and Release of Rights. (a) On the Insurer Termination DateDate relating to a Series, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer Financial Security pursuant to this Agreement in respect of the Spread Account Agreement Collateral related to such Series (and, to the extent provided herein, in respect of Collateral related to other Series) shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer Financial Security with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer Financial Security herein shall survive such Insurer Termination Date. If the Insurer Financial Security is acting as Controlling Party with respect to a Series on the related Insurer Termination Date, the Insurer Financial Security agrees, at the expense of the IssuerTransferor, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate effect such release, and any such instruments so executed and delivered shall be fully binding on the Insurer Financial Security and any Person claiming by, through or under the InsurerFinancial Security. (b) On the Trustee Termination DateDate related to a Series, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee Trustee, as Collateral Agent, pursuant to this Agreement in respect of the Spread Account Agreement Collateral related to such Series (and, to the extent provided herein, in respect of the Collateral related to other Series) shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee Trustee, as Collateral Agent, with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party with respect to a Series on the related Trustee Termination Date, the Trustee agrees, at the expense of the IssuerTransferor, to execute and deliver such instruments as the Issuer Transferor may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination DateDate with respect to a Series, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral related to such Series (and, to the extent provided herein, in respect of Collateral related to other Series) shall be automatically released, subject to the application of such amounts for indemnity payments and all other amounts due and payable hereunder. On the Final Termination DateDate with respect to a Series, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerTransferor, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Transferor as the Issuer Transferor may reasonably request, to deliver any Spread Account Agreement Collateral related to such Series in its possession to the IssuerTransferor or as otherwise provided in the related Securitization Agreement, and to otherwise release the lien of this Agreement and release and deliver to the Issuer Transferor or as otherwise provided in the Spread Account related Securitization Agreement Collateralthe Collateral related to such Series.

Appears in 1 contract

Samples: Master Spread Account Agreement (National Auto Finance Co Inc)

Termination and Release of Rights. (a) On the Insurer Termination DateDate relating to a Series, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer Financial Security pursuant to this Agreement in respect of the Spread Account Agreement Collateral related to such Series (and, to the extent provided herein, in respect of Collateral related to other Series) shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer Financial Security with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer Financial Security herein shall survive such Insurer Termination Date. If the Insurer Financial Security is acting as Controlling Party with respect to a Series on the related Insurer Termination Date, the Insurer Financial Security agrees, at the expense of the IssuerTransferor, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate effect such release, and any such instruments so executed and delivered shall be fully binding on the Insurer Financial Security and any Person claiming by, through or under the InsurerFinancial Security. (b) On the Trustee Termination DateDate related to a Series, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral related to such Series (and, to the extent provided herein, in respect of Collateral related to other Series) shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party with respect to a Series on the related Trustee Termination Date, the Trustee agrees, at the expense of the IssuerTransferor, to execute and deliver such instruments as the Issuer Transferor may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination DateDate with respect to a Series, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral related to such Series (and, to the extent provided herein, in respect of Collateral related to other Series) shall be automatically released, subject to the application of such amounts for indemnity payments and all other amounts due and payable hereunder. On the Final Termination DateDate with respect to a Series, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerTransferor, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Transferor as the Issuer Transferor may reasonably request, to deliver any Spread Account Agreement Collateral related to such Series in its possession to the IssuerTransferor or as otherwise provided in the related Securitization Agreement, and to otherwise release the lien of this Agreement and release and deliver to the Issuer Transferor or as otherwise provided in the Spread Account related Securitization Agreement Collateralthe Collateral related to such Series.

Appears in 1 contract

Samples: Master Spread Account Agreement (National Auto Finance Co Inc)

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Termination and Release of Rights. (a) On the Insurer Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer herein shall survive such Insurer Termination Date. If the Insurer is acting as Controlling Party on the related Insurer Termination Date, the Insurer agrees, at the expense of the Issuer, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer and any Person claiming by, through or under the Insurer.. Back to Contents (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the Issuer, to execute and deliver such instruments as the Issuer may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On the Final Termination Date, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the Issuer, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer as the Issuer may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the Issuer, and to otherwise release the lien of this Agreement and release and deliver to the Issuer the Spread Account Agreement Collateral.

Appears in 1 contract

Samples: Spread Account Agreement (Americredit Automobile Receivable Trust 2005-D-A)

Termination and Release of Rights. (a) On each VFN Prepayment Date, the Insurer Administrative Agent shall, at the expense of the Borrower: execute such instruments of release with respect to the Prepayment Related Collateral, in recordable form if necessary, in favor of the Borrower as the Borrower may reasonably request; deliver any Prepayment Related Collateral in its possession to the Borrower; and otherwise take such actions, and/or cause or permit the Servicer to take such actions, at the Borrower's expense, as are necessary and appropriate to release the lien of this Agreement and release and deliver to the Borrower the Prepayment Related Collateral. (b) On the Termination Date, except as otherwise provided herein, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer herein shall survive such Insurer Termination Date. If the Insurer is acting as Controlling Party on the related Insurer Termination Date, the Insurer agrees, at the expense of the Issuer, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer and any Person claiming by, through or under the Insurer. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the Issuer, to execute and deliver such instruments as the Issuer may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Administrative Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Administrative Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On the Final Termination Date, the Collateral Administrative Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerBorrower, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Borrower as the Issuer Borrower may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the IssuerBorrower, and otherwise to otherwise take such actions, and/or cause or permit the Servicer to take such actions, as are necessary and appropriate to release the lien of this Agreement and release and deliver to the Issuer Borrower the Spread Account Agreement Collateral. (c) To the extent, if any, otherwise required of the Borrower by the terms of any Basic Agreement and permitted by the terms hereof and thereof, the Administrative Agent may, and otherwise upon the prior written instructions of a respective Authorized Officer of each Funding Agent that is a member of the Required Lending Groups, the Administrative Agent shall, at the expense of the Borrower take (in each case) such steps as maybe necessary, or as the Borrower, in a manner consistent with the Basic Agreements, may reasonably request, to release the interests of the Secured Parties in any items of the Collateral, including but not limited to redelivering and reassigning to the Borrower any releases necessary to permit the Borrower to transfer its interest in such items of the Collateral in accordance with the terms of the Basic Agreements. (d) No more than twice per month, the Administrative Agent shall, at the Borrower's request and at the expense of the Borrower: execute such instruments of release with respect to Receivables or Asset Backed Securities that are not part of the Pool Balance, in recordable form if necessary in favor of the Borrower as the Borrower may request; deliver any related Collateral in its possession to the Borrower; and otherwise take such actions, and/or cause the Servicer to take such action, at the Borrower's expense, as are necessary or appropriate to release the lien of this Agreement and release and deliver to the Borrower the related Collateral.

Appears in 1 contract

Samples: Security and Funding Agreement (Americredit Corp)

Termination and Release of Rights. (a) On the Insurer Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Security Insurer pursuant to this Security Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Security Insurer with respect to such Spread Account Agreement the Collateral shall be automatically released; provided PROVIDED, that any indemnity provided to or by the Security Insurer herein shall survive such Insurer Termination Date. If the Security Insurer is acting as Controlling Party on the related Insurer Termination Date, the Security Insurer agrees, at the expense of the IssuerOFL, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Security Insurer and any Person claiming by, through or under the Security Insurer. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Indenture Trustee pursuant to this Security Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Indenture Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided PROVIDED, that any indemnity provided to the Indenture Trustee herein shall survive such Trustee Termination Date. If the Indenture Trustee is acting as Controlling Party on the related Trustee Termination Date, the Indenture Trustee agrees, at the expense of the IssuerOFL, to execute and deliver such instruments as the Issuer OFL may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Indenture Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Security Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On the Final Termination Date, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerOFL, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Seller or OFL as the Issuer Seller or OFL may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the Issuer, and to otherwise release the lien of this Security Agreement and release and deliver to the Issuer the Spread Account Agreement Collateral. (d) To the extent required of the Issuer and its assignees by the terms of any Transaction Document and permitted by the terms hereof, each of the Collateral Agent and the Controlling Party shall, and otherwise upon the prior written instructions of an Authorized Officer of the Controlling Party, the Collateral Agent shall, at the expense of OFL take (in each case) such steps as may be necessary, or as the Issuer, in a manner consistent with the Transaction Documents, may reasonably request, to release the interests of the Secured Parties in the Collateral, including but not limited to redelivering and reassigning to the Issuer any releases necessary to permit the Issuer to release its interest in the Collateral in accordance with the terms thereof and of the Repurchase Agreement.

Appears in 1 contract

Samples: Security Agreement (Olympic Financial LTD)

Termination and Release of Rights. (a) On the Insurer Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer herein shall survive such Insurer Termination Date. If the Insurer is acting as Controlling Party on the related Insurer Termination Date, the Insurer agrees, at the expense of the Issuer, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer and any Person claiming by, through or under the Insurer. (b) On the Indenture Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Indenture Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Indenture Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Indenture Trustee herein shall survive such Indenture Trustee Termination Date. If the Indenture Trustee is acting as Controlling Party on the related Indenture Trustee Termination Date, the Indenture Trustee agrees, at the expense of the Issuer, to execute and deliver such instruments as the Issuer may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Indenture Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On the Final Termination Date, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the Issuer, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer as the Issuer may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the Issuer, and to otherwise release the lien of this Agreement and release and deliver to the Issuer the Spread Account Agreement Collateral.

Appears in 1 contract

Samples: Spread Account Agreement (Prudential Securities Secured Financing Corp)

Termination and Release of Rights. (a) On the Insurer Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Security Insurer pursuant to this Security Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Security Insurer with respect to such Spread Account Agreement the Collateral shall be automatically released; provided PROVIDED, that any indemnity provided to or by the Security Insurer herein shall survive such Insurer Termination Date. If the Security Insurer is acting as Controlling Party on the related Insurer Termination Date, the Security Insurer agrees, at the expense of the IssuerAFL, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Security Insurer and any Person claiming by, through or under the Security Insurer. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Indenture Trustee pursuant to this Security Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Indenture Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided PROVIDED, that any indemnity provided to the Indenture Trustee herein shall survive such Trustee Termination Date. If the Indenture Trustee is acting as Controlling Party on the related Trustee Termination Date, the Indenture Trustee agrees, at the expense of the IssuerAFL, to execute and deliver such instruments as the Issuer AFL may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Indenture Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Security Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On the Final Termination Date, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerAFL, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Seller or AFL as the Issuer Seller or AFL may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the Issuer, and to otherwise release the lien of this Security Agreement and release and deliver to the Issuer the Spread Account Agreement Collateral. (d) To the extent required of the Issuer and its assignees by the terms of any Transaction Document and permitted by the terms hereof, each of the Collateral Agent and the Controlling Party shall, and otherwise upon the prior written instructions of an Authorized Officer of the Controlling Party, the Collateral Agent shall, at the expense of AFL take (in each case) such steps as may be necessary, or as the Issuer, in a manner consistent with the Transaction Documents, may reasonably request, to release the interests of the Secured Parties in the Collateral, including but not limited to redelivering and reassigning to the Issuer any releases necessary to permit the Issuer to release its interest in the Collateral in accordance with the terms thereof and of the Sale and Servicing Agreement.

Appears in 1 contract

Samples: Security Agreement (Arcadia Financial LTD)

Termination and Release of Rights. (a) On each VFN Prepayment Date, the Insurer Administrative Agent shall, at the expense of the Borrower: execute such instruments of release with respect to the Prepayment Related Collateral, in recordable form if necessary, in favor of the Borrower as the Borrower may reasonably request; deliver any Prepayment Related Collateral in its possession to the Borrower; and otherwise take such actions, and/or cause or permit the Servicer to take such actions, at the Borrower's expense, as are necessary and appropriate to release the lien of this Agreement and release and deliver to the Borrower the Prepayment Related Collateral. (b) On the Termination Date, except as otherwise provided herein, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer herein shall survive such Insurer Termination Date. If the Insurer is acting as Controlling Party on the related Insurer Termination Date, the Insurer agrees, at the expense of the Issuer, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer and any Person claiming by, through or under the Insurer. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the Issuer, to execute and deliver such instruments as the Issuer may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On the Final Termination Date, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense of the IssuerBorrower, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Borrower as the Issuer Borrower may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the IssuerBorrower, and otherwise to otherwise take such actions, and/or cause or permit the Servicer to take such actions, as are necessary and appropriate to release the lien of this Agreement and release and deliver to the Issuer Borrower the Spread Account Agreement Collateral. (c) To the extent, if any, otherwise required of the Borrower by the terms of any Basic Agreement and permitted by the terms hereof and thereof, the Administrative Agent may, and otherwise upon the prior written instructions of a respective Authorized Officer of each APA Bank that is a member of the Required APA Banks, the Administrative Agent shall, at the expense of the Borrower, take (in each case) such steps as may be necessary, or as the Borrower, in a manner consistent with the Basic Agreements, may reasonably request, to release the interests of the Secured Parties in any items of the Collateral, including but not limited to redelivering and reassigning to the Borrower any releases necessary to permit the Borrower to transfer its interest in such items of the Collateral in accordance with the terms of the Basic Agreements. (d) No more than four times per month, the Administrative Agent shall, at the Borrower's request and at the expense of the Borrower: (i) execute such instruments of release with respect to Receivables that are not part of the Receivables Pool Balance, in recordable form if necessary in favor of the Borrower as the Borrower may request; deliver any related Collateral in its possession to the Borrower; and otherwise take such actions, and/or cause the Servicer to take such action, at the Borrower's expense, as are necessary or appropriate to release the lien of this Agreement and release and deliver to the Borrower the related Collateral; and (ii) take such actions, and/or cause the Servicer to take such action, at the Borrower's expense, as are necessary or appropriate to release the lien of this Agreement on any Asset-Backed Securities in which the Secured Parties have no interest hereunder.

Appears in 1 contract

Samples: Security and Funding Agreement (Americredit Corp)

Termination and Release of Rights. (a) On the Insurer Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer Financial Security pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer Financial Security with respect to such Spread Account Agreement the Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer Financial Security herein shall survive such Insurer Termination Date. If the Insurer Financial Security is acting as Controlling Party on the related Insurer Termination Date, the Insurer Financial Security agrees, at the expense of the IssuerTrust, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer Financial Security and any Person claiming by, through or under the InsurerFinancial Security. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement the Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the IssuerTrust, to execute and deliver such instruments as the Issuer Trust may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On released in accordance with the Final Termination Date, the Collateral Agent agrees, and each Issuer Secured Party agrees, at the expense provisions of the Issuer, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer as the Issuer may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the Issuer, and to otherwise release the lien of this Agreement and release and deliver to the Issuer the Spread Account Agreement Collateral.Section 3.03

Appears in 1 contract

Samples: Spread Account Agreement (AFS Funding Trust)

Termination and Release of Rights. (a) On the Insurer Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Insurer pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Insurer with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to or by the Insurer herein shall survive such Insurer Termination Date. If the Insurer is acting as Controlling Party on the related Insurer Termination Date, the Insurer agrees, at the expense of the IssuerTrust, to execute and deliver such instruments as the successor Controlling Party may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Insurer and any Person claiming by, through or under the Insurer. (b) On the Trustee Termination Date, the rights, remedies, powers, duties, authority and obligations, if any, conferred upon the Trustee pursuant to this Agreement in respect of the Spread Account Agreement Collateral shall terminate and be of no further force and effect and all such rights, remedies, powers, duties, authority and obligations of the Trustee with respect to such Spread Account Agreement Collateral shall be automatically released; provided that any indemnity provided to the Trustee herein shall survive such Trustee Termination Date. If the Trustee is acting as Controlling Party on the related Trustee Termination Date, the Trustee agrees, at the expense of the IssuerTrust, to execute and deliver such instruments as the Issuer Trust may reasonably request to effectuate such release, and any such instruments so executed and delivered shall be fully binding on the Trustee. (c) On the Final Termination Date, the rights, remedies, powers, duties, authority and obligations conferred upon the Collateral Agent and each Issuer Trust Secured Party pursuant to this Agreement shall terminate and be of no further force and effect and all rights, remedies, powers, duties, authority and obligations of the Collateral Agent and each Issuer Trust Secured Party with respect to the Spread Account Agreement Collateral shall be automatically released. On the Final Termination Date, the Collateral Agent agrees, and each Issuer Trust Secured Party agrees, at the expense of the IssuerTrust, to execute such instruments of release, in recordable form if necessary, in favor of the Issuer Trust as the Issuer Trust may reasonably request, to deliver any Spread Account Agreement Collateral in its possession to the IssuerTrust, and to otherwise release the lien of this Agreement and release and deliver to the Issuer Trust the Spread Account Agreement Collateral.

Appears in 1 contract

Samples: Spread Account Agreement (UPFC Auto Receivables Corp.)

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