The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “Credit Enhancement Account”) bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.
Appears in 14 contracts
Samples: Pooling and Servicing Agreement (Discover Bank), Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, Amount and the Stated Class B Credit Enhancement Amount, as applicable Amount (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date or such longer period as will not result in the lowering or withdrawal of the rating of any Class of any Series then outstanding by the Rating Agencies and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s 's notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.
Appears in 10 contracts
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s 's notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.
Appears in 9 contracts
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement (Discover Bank), Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, Amount and the Stated Class B Credit Enhancement Amount, as applicable Amount (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the 32 44 Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date or such longer period as will not result in the lowering or withdrawal of the rating of any Class of any Series then outstanding by the Rating Agencies and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s 's notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date or such longer period as will not result in the lowering or withdrawal of the rating of any Class of any Series then outstanding by the Rating Agencies and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s 's notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.for
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.Enhancement
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date or such longer period as will not result in the lowering or withdrawal of the rating of any Class of any Series then outstanding by the Rating Agencies and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s 's notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, Amount and the Stated Class B Credit Enhancement Amount, as applicable Amount (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.the
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I), Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on or such Distribution Date. The Master Servicer’s notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited longer period as will not result in the Credit Enhancement Account lowering or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit withdrawal of the United States rating of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the any Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.then outstanding by the
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Discover Bank), Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date 30 41 and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s 's notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, Amount and the Stated Class B Credit Enhancement Amount, as applicable Amount (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.withdrawals
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, Amount and the Stated Class B Credit Enhancement Amount, as applicable Amount (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.make
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, Amount and the Stated Class B Credit Enhancement Amount, as applicable Amount (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, Amount and the Stated Class B Credit Enhancement Amount, as applicable Amount (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date or such longer period as will not result in the lowering or withdrawal of the rating of any Class of any Series then outstanding by the Rating Agencies and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s 's notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.such
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s 's notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series 31 established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, Amount and the Stated Class B Credit Enhancement Amount, as applicable Amount (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date or such longer period as will not result in the lowering or withdrawal of the rating of any Class of any Series then outstanding by the Rating Agencies and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s 's notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.fully
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date or such longer period as will not result in the lowering or withdrawal of the rating of any Class of any Series then outstanding by the Rating Agencies and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s 's notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full 40 faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.Master
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.payments
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date or such longer period as will not result in the lowering or withdrawal of the rating of any Class of any Series then outstanding by the Rating Agencies and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s 's notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.received
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “Credit Enhancement Account”) bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, that the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, Amount and the Stated Class B Credit Enhancement Amount, as applicable Amount (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.
Appears in 1 contract
Samples: Amended and Restated Series Supplement (Discover Bank)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “Credit Enhancement Account”) bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall shall
(i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.
Appears in 1 contract
Samples: Amended and Restated Series Supplement (Discover Bank)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.and
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)
The Credit Enhancement Account. If the Credit Enhancement is Funded Credit Enhancement, the Master Servicer, for the benefit of the Certificateholders and the Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, with the corporate trust department of an office or branch of either the Trustee or a Qualified Institution, a non-interest bearing segregated trust account (the “"Credit Enhancement Account”") bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders and the Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Credit Enhancement Account and in all proceeds thereof. The Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Credit Enhancement for the benefit of the Certificateholders and the Credit Enhancement Provider; provided, however, the Master Servicer may make Credit Enhancement Drawings pursuant to, and for the purposes set forth in, Section 9. The interest of the Credit Enhancement Provider in the Credit Enhancement Account shall be subordinated to the interests of the Certificateholders to the extent provided herein and in the Credit Enhancement Agreement. The Trustee, at the direction of the Master Servicer, shall (i) on the Series Closing Date, deposit into the Credit Enhancement Account an amount equal to the sum of the Stated Class A Credit Enhancement Amount, the Stated Shared Credit Enhancement Amount, and the Stated Class B Credit Enhancement Amount, as applicable (such amounts to be funded by the Credit Enhancement Provider pursuant to the Credit Enhancement Agreement) and (ii) make withdrawals from, and deposits to, the Credit Enhancement Account from time to time in the amounts and for the purposes set forth in this Series Supplement. The Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Credit Enhancement Account except as specifically provided in this Series Supplement. The Master Servicer at all times shall maintain accurate records reflecting each transaction in the Credit Enhancement Account. Funds on deposit in the Credit Enhancement Account shall be invested in Permitted Investments by the Trustee as administrator of the Credit Enhancement at the direction of the Master Servicer, as set forth below. Any Permitted Investment with a stated maturity shall mature on or prior to the following Distribution Date and any funds received with respect to the maturity of a Permitted Investment shall be available in sufficient time to allow for any payments to be made to the Investor Certificateholders on such Distribution Date. The Master Servicer’s 's notice to the Trustee shall specifically identify each such Permitted Investment (including its principal amount and maturity). In addition, the Master Servicer shall from time to time provide written notice to the Trustee directing the Trustee to reinvest funds representing principal, interest or other investment income received by it with respect to such Permitted Investments (whether upon maturity or otherwise) in additional Permitted Investments. In the event that the Master Servicer fails to direct the Trustee to invest or reinvest any funds that are deposited in the Credit Enhancement Account or that are received by it with respect to Permitted Investments by 2:00 p.m. on the date such funds are available for investment, the Trustee shall use reasonable efforts to invest such funds overnight in securities represented by instruments in bearer or registered form which evidence obligations issued or fully guaranteed, as to timely payment, by 32 the United States of America or any instrumentality or agency thereof when such obligations are backed by the full faith and credit of the United States of America until such time as the Trustee receives the required notice from the Master Servicer; provided, however, that the Trustee shall have no liability for the failure to invest such funds if the Trustee has employed reasonable efforts to make such investment. On each Distribution Date, all interest and earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Credit Enhancement Account shall be paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Credit Enhancement Account, all investment earnings on such funds shall be deemed not to be available or on deposit. If, on any Distribution Date, after giving effect to all other deposits to and withdrawals from the Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Credit Enhancement Account is greater than the Total Maximum Credit Enhancement Amount, then the excess of the amount on deposit over the Total Maximum Credit Enhancement Amount shall be withdrawn from the Credit Enhancement Account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement. Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date and (iii) the day on which the Class Invested Amount for each Class of the Series established hereby is paid in full, and after payment of all amounts to be paid on such day from the Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Credit Enhancement for application in accordance with the provisions of the Credit Enhancement Agreement.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Discover Card Master Trust I)