Common use of The Third Party Credit Enhancement Account Clause in Contracts

The Third Party Credit Enhancement Account. (1) If the Third Party Credit Enhancement is Funded Third Party Credit Enhancement, the Servicer, for the benefit of the Certificateholders of this Series and the Third Party Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, either (i) a non-interest bearing segregated trust account with the corporate trust department of an office or branch of a Qualified Trust Institution or (ii) a non-interest bearing segregated demand deposit account at an Eligible Institution (the "Third Party Credit Enhancement Account"), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders of this Series and the Third Party Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Third Party Credit Enhancement Account and in all proceeds thereof. The Third Party Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Third Party Credit Enhancement for the benefit of the Certificateholders of this Series and the Third Party Credit Enhancement Provider. The interest of the Third Party Credit Enhancement Provider in the Third Party Credit Enhancement Account shall be subordinated to the interests of the Certificateholders of this Series to the extent provided herein and in the Third Party Credit Enhancement Agreement. The Third Party Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Third Party Credit Enhancement Account except as specifically provided in this Series Supplement. Pursuant to authority granted to it under Section 3.01(b) of the Pooling and Servicing Agreement, the Servicer shall have the revocable power to instruct the Trustee to withdraw funds from the Third Party Credit Enhancement Account for the purpose of carrying out the duties of the Servicer hereunder. Any funds on deposit in the Third Party Credit Enhancement Account for more than one Business Day shall be invested in Permitted Investments under Section 4.02(c) of the Pooling and Servicing Agreement. The Servicer at all times shall maintain accurate records reflecting each transaction in the Third Party Credit Enhancement Account. The Paying Agent also shall have the revocable authority to make withdrawals from the Third Party Credit Enhancement Account.

Appears in 14 contracts

Samples: Pooling and Servicing Agreement (Sears Credit Account Master Trust Ii), Pooling and Servicing Agreement (Sears Credit Account Master Trust Ii), Pooling and Servicing Agreement (Sears Credit Account Master Trust Ii)

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The Third Party Credit Enhancement Account. (1) If the Third Party Credit Enhancement is Funded Third Party Credit Enhancement, the Servicer, for the benefit of the Certificateholders of this Series and the Third Party Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, either (i) a non-non- interest bearing segregated trust account with the corporate trust department of an office or branch of a Qualified Trust Institution or (ii) a non-interest bearing segregated demand deposit account at an Eligible Institution (the "Third Party Credit Enhancement Account"), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders of this Series and the Third Party Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Third Party Credit Enhancement Account and in all proceeds thereof. The Third Party Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Third Party Credit Enhancement for the benefit of the Certificateholders of this Series and the Third Party Credit Enhancement Provider. The interest of the Third Party Credit Enhancement Provider in the Third Party Credit Enhancement Account shall be subordinated to the interests of the Certificateholders of this Series to the extent provided herein and in the Third Party Credit Enhancement Agreement. The Third Party Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Third Party Credit Enhancement Account except as specifically provided in this Series Supplement. Pursuant to authority granted to it under Section 3.01(b) of the Pooling and Servicing Agreement, the Servicer shall have the revocable power to instruct the Trustee to withdraw funds from the Third Party Credit Enhancement Account for the purpose of carrying out the duties of the Servicer hereunder. Any funds on deposit in the Third Party Credit Enhancement Account for more than one Business Day shall be invested in Permitted Investments under Section 4.02(c) of the Pooling and Servicing Agreement. The Servicer at all times shall maintain accurate records reflecting each transaction in the Third Party Credit Enhancement Account. The Paying Agent also shall have the revocable authority to make withdrawals from the Third Party Credit Enhancement Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Sears Credit Account Master Trust Ii), Pooling and Servicing Agreement (Sears Credit Account Master Trust Ii)

The Third Party Credit Enhancement Account. (1) If the Third Party Credit Enhancement is Funded Third Party Credit Enhancement, the Servicer, for the benefit of the Certificateholders of this Series and the Third Party Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, either (i) a non-interest bearing segregated trust account with the corporate trust department of an office or branch of a Qualified Trust Institution or (ii) a non-interest bearing segregated demand deposit account at an Eligible Institution (the "Third Party Credit Enhancement Account"), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders of this Series and the Third Party Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Third Party Credit Enhancement Account and in all proceeds thereof. The Third Party Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Third Party Credit Enhancement for the benefit of the Certificateholders of this Series and the Third Party Credit Enhancement Provider. The interest of the Third Party Credit Enhancement Provider in the Third Party Credit Enhancement Account shall be subordinated to the interests of the Certificateholders of this Series to the extent provided herein and in the Third Party Credit Enhancement Agreement. The Third Party Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Third Party Credit Enhancement Account except as specifically provided in this Series Supplement. Pursuant to authority granted to it under Section 3.01(b) of the Pooling and Servicing Agreement, the Servicer shall have the revocable power to instruct the Trustee to withdraw funds from the Third Party Credit Enhancement Account for the purpose of carrying out the duties of the Servicer hereunder. Any funds on deposit in the Third Party Credit Enhancement Account for more than one Business Day shall be invested in Permitted Investments under Section 4.02(c) of the Pooling and Servicing Agreement. The Servicer at all times shall maintain accurate records reflecting each transaction in the Third Party Credit Enhancement Account. The Paying Agent also shall have the revocable authority to make withdrawals from the Third Party Credit Enhancement AccountAccount .

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Sears Credit Account Master Trust Ii)

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The Third Party Credit Enhancement Account. (1) If the Third Party Credit Enhancement is Funded Third Party Credit Enhancement, the Servicer, for the benefit of the Certificateholders of this Series and the Third Party Credit Enhancement Provider, shall establish and maintain or cause to be established and maintained in the name of the Trust, either (i) a non-interest bearing segregated trust account with the corporate trust department of an office or branch of a Qualified Trust Institution or (ii) a non-interest bearing segregated demand deposit account at an Eligible Institution (the "Third Party Credit Enhancement Account"), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Certificateholders of this Series and the Third Party Credit Enhancement Provider. The Trust shall possess all right, title and interest in all funds on deposit from time to time in the Third Party Credit Enhancement Account and in all proceeds thereof. The Third Party Credit Enhancement Account shall be under the sole dominion and control of the Trustee as the administrator of the Third Party Credit Enhancement for the benefit of the Certificateholders of this Series and the Third Party Credit Enhancement Provider. The interest of the Third Party Credit Enhancement Provider in the Third Party Credit Enhancement Account shall be subordinated to the interests of the Certificateholders of this Series to the extent provided herein and in the Third Party Credit Enhancement Agreement. The Third Party Credit Enhancement Provider shall not be entitled to reimbursement from the assets of the Trust for any withdrawals from the Third Party Credit Enhancement Account except as specifically provided in this Series Supplement. Pursuant to authority granted to it under Section 3.01(b) of the Pooling and Servicing Agreement, the Servicer shall have the revocable power to instruct the Trustee to withdraw funds from the Third Party Credit Enhancement Account for the purpose of carrying out the duties of the Servicer hereunder. Any funds on deposit in the Third Party Credit Enhancement Account for more than one Business Day shall be invested in Permitted Investments under Section 4.02(c) of the Pooling and Servicing Agreement. The Servicer at all times shall maintain accurate records reflecting each transaction in the Third Party Credit Enhancement Account. The Paying Agent also shall have the revocable authority to make withdrawals from the Third Party Credit Enhancement Account. (2) On each Distribution Date, all interest and investment earnings (net of losses and investment expenses) accrued since the preceding Distribution Date on funds on deposit in the Third Party Credit Enhancement Account shall be paid to the Trustee as administrator of the Third Party Credit Enhancement for application in accordance with the provisions of the Third Party Credit Enhancement Agreement. For purposes of determining the availability of funds or the balances in the Third Party Credit Enhancement Account, all such 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 Third Party Credit Enhancement Account as of such Distribution Date, the amount on deposit in the Third Party Credit Enhancement Account is greater than the maximum credit enhancement amount provided by the related Third Party Credit Enhancement Agreement, then the excess representing such amount shall be withdrawn from the Third Party Credit Enhancement Account and paid to the Trustee as administrator of the Third Party Credit Enhancement for application in accordance with the provisions of the Third Party Credit Enhancement Agreement. (3) Upon the earliest to occur of (i) the termination of the Trust, (ii) the Series Termination Date or (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 Third Party Credit Enhancement Account to or for the benefit of Investor Certificateholders of the Series established hereby, all amounts remaining on deposit in the Third Party Credit Enhancement Account shall be withdrawn from such account and paid to the Trustee as administrator of the Third Party Credit Enhancement for application in accordance with the provisions of the Third Party Credit Enhancement Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Sears Credit Account Master Trust Ii)

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