Trust Accounts; Collections. (a) On or before the Closing Date, the Trust Depositor shall establish the Collection Account (including two sub-accounts: the Interest Collection Account and the Principal Collection Account), the Note Distribution Account and the Reserve Fund, each with and in the name of the Indenture Trustee for the benefit of the Holders and the Swap Counterparties. The Indenture Trustee, for the benefit of the Noteholders and the Swap Counterparties, shall establish a single, segregated trust account in accordance with the provisions of each Swap, referred to as the “Swap Counterparty Collateral Account.” The Servicer and Indenture Trustee are hereby required to ensure that each of the Trust Accounts is established and maintained as an Eligible Deposit Account with a Qualified Institution. If any institution with which any of the accounts established pursuant to this Section 7.01(a) are established ceases to be a Qualified Institution, the Servicer, or if the Servicer fails to do so, the Indenture Trustee (as the case may be) shall within ten Business Days establish a replacement account at a Qualified Institution after notice of such event. The Indenture Trustee and the Servicer shall insure that each Qualified Institution maintaining an Eligible Deposit Account agrees in writing to comply with all instructions originated by the Indenture Trustee directing disposition of the funds in such account without the further consent of the Trust Depositor or Issuer. The Trust Depositor and the Issuer agree and acknowledge that the Indenture Trustee is to have “control” (within the meaning of the UCC) of collateral comprised of “Investment Property” (within the meaning of the UCC) for all purposes of this Agreement. For all purposes of this Agreement, the Indenture Trustee’s “jurisdiction” in respect of matters governed by the UCC shall be the State of Minnesota. (b) The Servicer shall deposit or cause to be deposited, without deposit into any intervening account, into the Collection Account not later than two Business Days following the actual receipt of such remittance by the Servicer, all Collections on deposit with the Servicer in the form of available funds and all Collections otherwise received by the Servicer. Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and Collections constituting Principal Collections shall be deposited in the Principal Collection Account. (c) Notwithstanding Section 7.01(b), the Servicer shall deposit or cause to be deposited, on the applicable Assignment Date, in immediately available funds into the Collection Account all Collections received after the applicable Cut-Off Date and through and including the date two days preceding the applicable Assignment Date in respect of Loans being transferred to the Issuer on such date. Such Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and those constituting Principal Collections shall be deposited in the Principal Collection Account. (d) [Reserved]. (e) Notwithstanding Sections 7.01(b) and (c), if (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Loan in the Loan Pool and such Collection was received by the Servicer in the form of a check that is not honored for any reason, or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Scheduled Payment in respect of which a dishonored check is received shall be deemed not to have been paid.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD)
Trust Accounts; Collections. (a) On or before the Closing Date, the Trust Depositor Issuer shall establish the Collection Account (including two sub-accounts: Account, Note Distribution Account, Reserve Fund, the Interest Collection Residual Account and the Principal Collection Payahead Account), the Note Distribution Account and the Reserve Fund, each with and in the name of the Indenture Trustee for the benefit of the Holders and the Swap CounterpartiesNoteholders. The Indenture TrusteeResidual Account, for the benefit Reserve Fund, and Payahead Account may be sub-accounts of the Noteholders Collection Account. All of the Trust Accounts shall be established and the Swap Counterparties, shall establish a single, segregated trust account in accordance with the provisions of each Swap, referred to as the “Swap Counterparty Collateral Account.” maintained at The Chase Manhattan Bank. The Servicer and Indenture Trustee are hereby required to ensure that each of the Trust Accounts is established and maintained as an Eligible Deposit Account with a Qualified Institution. If any institution with which any of the accounts established pursuant to this Section 7.01(a) are established ceases to be a Qualified Institution, the Servicer, or if the Servicer fails to do so, the Indenture Trustee (as the case may be) shall within ten 10 Business Days establish a replacement account at a Qualified Institution after notice of such event. The Indenture Trustee and the Servicer In no event shall insure that each Qualified Institution maintaining an Eligible Deposit Account agrees in writing to comply with all instructions originated by the Indenture Trustee directing disposition of the funds in be responsible for monitoring whether such account without the further consent of the Trust Depositor or Issuer. The Trust Depositor and the Issuer agree and acknowledge that the Indenture Trustee is to have “control” (within the meaning of the UCC) of collateral comprised of “Investment Property” (within the meaning of the UCC) for all purposes of this Agreement. For all purposes of this Agreement, the Indenture Trustee’s “jurisdiction” in respect of matters governed by the UCC Eligible Institution shall be the State of Minnesotaremain a Qualified Institution.
(b) The Servicer has established an account at Brenxxx Xxxk (the "Primary Bank"), for the deposit of the amounts representing payments sent by obligors and the deposit of amounts representing payments sent by obligors relating to contracts that have not been pledged to the Indenture Trustee. The Servicer, as agent of the Issuer, shall establish another account at the Primary Bank (the "Lock Box Account"), which shall be an Eligible Deposit Account in the name of the Indenture Trustee for the benefit of the Noteholders, for the deposit of the amounts representing payments sent by Obligors. On each Business Day the Servicer will cause the Primary 63 69 Bank to deposit all Collections that have been sent to the Primary Bank into the Lock Box Account, and within two Business Days of the deposit into the Lock Box Account with the Primary Bank, at no later than 12:00 noon, New York time, the Servicer will cause the Primary Bank to cause the amounts in the Lock Box Account to be deposited into the Collection Account. The Servicer, as agent of the Issuer, will also establish an account at LaSalle Bank National Bank (the "Secondary Bank") for the deposit of the amounts representing payments sent by Obligors and the deposit of amounts representing payments sent by customers relating to lease contracts which have not been pledged to the Indenture Trustee. The Servicer, as agent of the Issuer, shall establish another account at the Secondary Bank (a "Lock Box Account"), which shall be an Eligible Deposit Account in the name of the Indenture Trustee for the benefit of the Noteholders, for the deposit of the amounts representing payments sent by Obligors. On each Business Day the Servicer will cause the Secondary Bank to deposit all Collections that have been sent to its LockBox Account, and within two Business Days of the deposit into such LockBox Account with the Secondary Bank, the Servicer shall cause the Secondary Bank to cause the amounts in such LockBox Account to be deposited into the Collection Account. The Primary Bank and the Secondary Bank are collectively referred to herein as the "Local Banks".
(c) On each Business Day, the Servicer shall review the amounts that have been sent to the Local Banks and direct the Local Banks to transfer any Excluded Amounts to the Servicer. If the Servicer receives any payments relating to Collections, the Servicer shall hold in trust for the benefit of the Noteholders any such payment until such time as the Servicer transfers any such payment to the Indenture Trustee for deposit in the Collection Account. The Servicer shall remit such payments to the Indenture Trustee for deposit in the Collection Account within two Business Days of receipt.
(d) Notwithstanding Sections 7.01(b) and (c), the Servicer shall not be required to deposit or cause to be depositeddeposited Collections on any Contracts in the Contracts Pool on which (and to the extent that) the Servicer has previously made a Servicer Advance that has not been reimbursed, without deposit into any intervening account, into which amounts the Collection Account not later than two Business Days following the actual receipt Servicer may retain (as reimbursement of such remittance by the Servicer, all Collections on deposit with the Servicer in the form of available funds and all Collections otherwise received by the Servicer. Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and Collections constituting Principal Collections shall be deposited in the Principal Collection Account.
(c) Notwithstanding Section 7.01(bAdvance), the Servicer shall deposit or cause to be deposited, on the applicable Assignment Date, in immediately available funds into the Collection Account all Collections received after the applicable Cut-Off Date and through and including the date two days preceding the applicable Assignment Date in respect of Loans being transferred to the Issuer on such date. Such Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and those constituting Principal Collections shall be deposited in the Principal Collection Account.
(d) [Reserved].
(e) Notwithstanding Sections 7.01(b) and (c), if (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Loan Contract in the Loan Contract Pool and such Collection was received by the Servicer in the form of a check that is not honored for any reason, or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Scheduled Payment in respect of which a dishonored check is received shall be deemed not to have been paid.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Greatamerica Leasing Receivables 2000-1 LLC)
Trust Accounts; Collections. (a) On or before the Closing Date, the Trust Depositor shall establish the Collection Account (including two sub-accounts: , the Interest Collection Account and the Principal Collection Account), the Note Distribution Account and the Reserve Fund, each with and in the name of the Indenture Trustee for the benefit of the Holders Securityholders and the Swap Counterparties. The Indenture Trustee, for the benefit of the Noteholders and the Swap Counterparties, shall establish a single, segregated trust account in accordance with the provisions of each Swap, referred to as the “Swap Counterparty Collateral Account.” The Servicer and Indenture Trustee are hereby required to ensure that each of the Trust Accounts is established and maintained as an Eligible Deposit Account with a Qualified Institution. If any institution with which any of the accounts established pursuant to this Section subsection 7.01(a) are established ceases to be a Qualified Institution, the Servicer, or if the Servicer fails to do so, the Indenture Trustee (as the case may be) shall within ten (10) Business Days establish a replacement account at a Qualified Institution after notice of such event. The Indenture Trustee and the Servicer shall insure that each Qualified Institution maintaining an Eligible Deposit Account agrees in writing to comply with all instructions originated by the Indenture Trustee directing disposition of the funds in such account without the further consent of the Trust Depositor or Issuer. The Trust Depositor and the Issuer agree and acknowledge that the Indenture Trustee is to have “control” (within the meaning of the UCC) of collateral comprised of “Investment Property” (within the meaning of the UCC) for all purposes of this Agreement. For all purposes of this Agreement, the Indenture Trustee’s “jurisdiction” in respect of matters governed by the UCC shall be the State of Minnesota.
(b) The Servicer shall deposit or cause to be deposited, without deposit into any intervening account, into the Collection Account not later than two (2) Business Days following the actual receipt of such remittance by the Servicer, all Collections on deposit with the Servicer in the form of available funds and all Collections otherwise received by the Servicer. Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and Collections constituting Principal Collections shall be deposited in the Principal Collection Account.
(c) Notwithstanding Section subsection 7.01(b), the Servicer shall deposit or cause to be deposited, on the applicable Assignment Date, in immediately available funds into the Collection Account all Collections received after the applicable Cut-Off Date and through and including the date two (2) days preceding the applicable Assignment Date in respect of Loans being transferred to the Issuer on such date. Such Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and those constituting Principal Collections shall be deposited in the Principal Collection Account.
(d) [Reserved].
(e) Notwithstanding Sections subsections 7.01(b) and (c), if (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Loan in the Loan Pool and such Collection was received by the Servicer in the form of a check that is not honored for any reason, or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Scheduled Payment in respect of which a dishonored check is received shall be deemed not to have been paid.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD)
Trust Accounts; Collections. (a) On or before the Closing Date, the Trust Depositor Issuer shall establish the Collection Account (including two sub-accounts: Account, Note Distribution Account, Reserve Fund, the Interest Collection Residual Account and the Principal Collection Payahead Account), the Note Distribution Account and the Reserve Fund, each with and in the name of the Indenture Trustee for the benefit of the Holders and the Swap CounterpartiesNoteholders. The Indenture TrusteeResidual Account, for the benefit Reserve Fund, and Payahead Account may be sub-accounts of the Noteholders Collection Account. All of the Trust Accounts shall be established and the Swap Counterparties, shall establish a single, segregated trust account in accordance with the provisions of each Swap, referred to as the “Swap Counterparty Collateral Account.” maintained at JPMorgan Chase Bank. The Servicer and Indenture Trustee are hereby required to ensure that each of the Trust Accounts is established and maintained as an Eligible Deposit Account with a Qualified Institution. If any institution with which any of the accounts established pursuant to this Section 7.01(a) are established ceases to be a Qualified Institution, the Servicer, or if the Servicer fails to do so, the Indenture Trustee (as the case may be) shall within ten 10 Business Days establish a replacement account at a Qualified Institution after notice of such event. The Indenture Trustee and the Servicer In no event shall insure that each Qualified Institution maintaining an Eligible Deposit Account agrees in writing to comply with all instructions originated by the Indenture Trustee directing disposition of the funds in be responsible for monitoring whether such account without the further consent of the Trust Depositor or Issuer. The Trust Depositor and the Issuer agree and acknowledge that the Indenture Trustee is to have “control” (within the meaning of the UCC) of collateral comprised of “Investment Property” (within the meaning of the UCC) for all purposes of this Agreement. For all purposes of this Agreement, the Indenture Trustee’s “jurisdiction” in respect of matters governed by the UCC Eligible Institution shall be the State of Minnesotaremain a Qualified Institution.
(b) The Servicer has established an account at LaSalle Bank, N.A. (the "Primary Bank"), for the deposit of the amounts representing payments sent by Obligors and the deposit of amounts representing payments sent by customers relating to contracts that have not been pledged to the Indenture Trustee. The Servicer, as agent of the Issuer, shall establish another account at the Primary Bank (the "Lock Box Account"), which shall be an Eligible Deposit Account in the name of the Indenture Trustee for the benefit of the Noteholders, for the deposit of the amounts representing payments sent by Obligors. On each Business Day the Servicer will cause the Primary Bank to deposit all Collections that have been sent to the Primary Bank into the Lock Box Account, and within two Business Days of the deposit into the Lock Box Account with the Primary Bank, at no later than 12:00 noon, New York time, the Servicer will cause the Primary Bank to cause the amounts in the Lock Box Account to be deposited into the Collection Account. The Servicer, as agent of the Issuer, will also establish an account at Xxxxx Fargo Bank Iowa, National Association (the "Secondary Bank") for the deposit of the amounts representing payments sent by Obligors and the deposit of amounts representing payments sent by customers relating to lease contracts which have not been pledged to the Indenture Trustee. The Servicer, as agent of the Issuer, shall establish another account at the Secondary Bank (a "Lock Box Account"), which shall be an Eligible Deposit Account in the name of the Indenture Trustee for the benefit of the Noteholders, for the deposit of the amounts representing payments sent by Obligors. On each Business Day the Servicer will cause the Secondary Bank to deposit all Collections that have been sent to its LockBox Account, and within two Business Days of the deposit into such LockBox Account with the Secondary Bank, the Servicer shall cause the Secondary Bank to cause the amounts in such LockBox Account to be deposited into the Collection Account. The Primary Bank and the Secondary Bank are collectively referred to herein as the "Local Banks."
(c) On each Business Day, the Servicer shall review the amounts that have been sent to the Local Banks and direct the Local Banks to transfer any Excluded Amounts to the Servicer. If the Servicer receives any payments relating to Collections, the Servicer shall hold in trust for the benefit of the Noteholders any such payment until such time as the Servicer transfers any such payment to the Indenture Trustee for deposit in the Collection Account. The Servicer shall remit such payments to the Indenture Trustee for deposit in the Collection Account within two Business Days of receipt.
(d) Notwithstanding Sections 7.01(b) and (c), the Servicer shall not be required to deposit or cause to be depositeddeposited Collections on any Contracts in the Contracts Pool on which (and to the extent that) the Servicer has previously made a Servicer Advance that has not been reimbursed, without deposit into any intervening account, into which amounts the Collection Account not later than two Business Days following the actual receipt Servicer may retain (as reimbursement of such remittance by the Servicer, all Collections on deposit with the Servicer in the form of available funds and all Collections otherwise received by the Servicer. Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and Collections constituting Principal Collections shall be deposited in the Principal Collection Account.
(c) Notwithstanding Section 7.01(bAdvance), the Servicer shall deposit or cause to be deposited, on the applicable Assignment Date, in immediately available funds into the Collection Account all Collections received after the applicable Cut-Off Date and through and including the date two days preceding the applicable Assignment Date in respect of Loans being transferred to the Issuer on such date. Such Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and those constituting Principal Collections shall be deposited in the Principal Collection Account.
(d) [Reserved].
(e) Notwithstanding Sections 7.01(b) and (c), if (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Loan Contract in the Loan Contract Pool and such Collection was received by the Servicer in the form of a check that is not honored for any reason, or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Scheduled Payment in respect of which a dishonored check is received shall be deemed not to have been paid.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Greatamerica Leasing Receivables 2002-1 LLC)
Trust Accounts; Collections. (a) On or before the Closing Date, the Trust Depositor Issuer shall establish the Collection Account (including two sub-accounts: Account, Note Distribution Account, Reserve Fund, the Interest Collection Residual Account and the Principal Collection Payahead Account), the Note Distribution Account and the Reserve Fund, each with and in the name of the Indenture Trustee for the benefit of the Holders and the Swap CounterpartiesNoteholders. The Indenture TrusteeResidual Account, for the benefit Reserve Fund, and Payahead Account may be sub-accounts of the Noteholders Collection Account. All of the Trust Accounts shall be established and the Swap Counterparties, shall establish a single, segregated trust account in accordance with the provisions of each Swap, referred to as the “Swap Counterparty Collateral Account.” maintained at The Chase Manhattan Bank. The Servicer and Indenture Trustee are hereby required to ensure that each of the Trust Accounts is established and maintained as an Eligible Deposit Account with a Qualified Institution. If any institution with which any of the accounts established pursuant to this Section 7.01(a) are established ceases to be a Qualified Institution, the Servicer, or if the Servicer fails to do so, the Indenture Trustee (as the case may be) shall within ten 10 Business Days establish a replacement account at a Qualified Institution after notice of such event. The Indenture Trustee and the Servicer In no event shall insure that each Qualified Institution maintaining an Eligible Deposit Account agrees in writing to comply with all instructions originated by the Indenture Trustee directing disposition of the funds in be responsible for monitoring whether such account without the further consent of the Trust Depositor or Issuer. The Trust Depositor and the Issuer agree and acknowledge that the Indenture Trustee is to have “control” (within the meaning of the UCC) of collateral comprised of “Investment Property” (within the meaning of the UCC) for all purposes of this Agreement. For all purposes of this Agreement, the Indenture Trustee’s “jurisdiction” in respect of matters governed by the UCC Eligible Institution shall be the State of Minnesotaremain a Qualified Institution.
(b) The Servicer has established an account at Brenxxx Xxxk (the "Primary Bank"), for the deposit of the amounts representing payments sent by obligors and the deposit of amounts representing payments sent by obligors relating to contracts that have not been pledged to the Indenture Trustee. The Servicer, as agent of the Issuer, shall establish another account at the Primary Bank (the "Lock Box Account"), which shall be an Eligible Deposit Account in the name of the Indenture Trustee for the benefit of the Noteholders, for the deposit of the amounts representing payments sent by Obligors. On each Business Day the Servicer will cause the Primary Bank to deposit all Collections that have been sent to the Primary Bank into the Lock Box Account, and within one Business Day of the deposit into the Lock Box Account with the Primary Bank, at no later than 12:00 noon, New York time, the Servicer will cause the Primary Bank to cause the amounts in the Lock Box Account to be deposited into the Collection Account. The Servicer, as agent of the Issuer, will also establish an account at LaSalle Bank National Bank (the "Secondary Bank"), which shall be an Eligible Deposit Account in the name of the Indenture Trustee for the benefit of the Noteholders, for the deposit of the amounts representing payments sent by Obligors. On each Business Day the Servicer will cause the Secondary Bank to deposit all Collections that have been sent to the Secondary Bank to deposit all Collections
(c) On each Business Day, the Servicer shall review the amounts that have been sent to the Local Banks and direct the Local Banks to transfer any Excluded Amounts to the Servicer. If the Servicer receives any payments relating to Collections, the Servicer shall hold in trust for the benefit of the Noteholders any such payment until such time as the Servicer transfers any such payment to the Indenture Trustee for deposit in the Collection Account. The Servicer shall remit such payments to the Indenture Trustee for deposit in the Collection Account within two Business Days of receipt.
(d) Notwithstanding Sections 7.01(b) and (c), the Servicer shall not be required to deposit or cause to be depositeddeposited Collections on any Contracts in the Contracts Pool on which (and to the extent that) the Servicer has previously made a Servicer Advance that has not been reimbursed, without deposit into any intervening account, into which amounts the Collection Account not later than two Business Days following the actual receipt Servicer may retain (as reimbursement of such remittance by the Servicer, all Collections on deposit with the Servicer in the form of available funds and all Collections otherwise received by the Servicer. Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and Collections constituting Principal Collections shall be deposited in the Principal Collection Account.
(c) Notwithstanding Section 7.01(bAdvance), the Servicer shall deposit or cause to be deposited, on the applicable Assignment Date, in immediately available funds into the Collection Account all Collections received after the applicable Cut-Off Date and through and including the date two days preceding the applicable Assignment Date in respect of Loans being transferred to the Issuer on such date. Such Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and those constituting Principal Collections shall be deposited in the Principal Collection Account.
(d) [Reserved].
(e) Notwithstanding Sections 7.01(b) and (c), if (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Loan Contract in the Loan Contract Pool and such Collection was received by the Servicer in the form of a check that is not honored for any reason, or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Scheduled Payment in respect of which a dishonored check is received shall be deemed not to have been paid.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Greatamerica Leasing Receivables 2000-1 LLC)
Trust Accounts; Collections. (a) On or before the Closing Date, the Trust Depositor Issuer shall establish the Collection Account (including two sub-accounts: Account, Note Distribution Account, Reserve Fund, the Interest Collection Residual Account and the Principal Collection Payahead Account), the Note Distribution Account and the Reserve Fund, each with and in the name of the Indenture Trustee for the benefit of the Holders and the Swap CounterpartiesNoteholders. The Indenture TrusteeResidual Account, for the benefit Reserve Fund, and Payahead Account may be sub-accounts of the Noteholders Collection Account. All of the Trust Accounts shall be established and the Swap Counterparties, shall establish a single, segregated trust account in accordance with the provisions of each Swap, referred to as the “Swap Counterparty Collateral Account.” maintained at JPMorgan Chase Bank. The Servicer and Indenture Trustee are hereby required to ensure that each of the Trust Accounts is established and maintained as an Eligible Deposit Account with a Qualified Institution. If any institution with which any of the accounts established pursuant to this Section 7.01(a) are established ceases to be a Qualified Institution, the Servicer, or if the Servicer fails to do so, the Indenture Trustee (as the case may be) shall within ten 10 Business Days establish a replacement account at a Qualified Institution after notice of such event. The Indenture Trustee and the Servicer In no event shall insure that each Qualified Institution maintaining an Eligible Deposit Account agrees in writing to comply with all instructions originated by the Indenture Trustee directing disposition of the funds in be responsible for monitoring whether such account without the further consent of the Trust Depositor or Issuer. The Trust Depositor and the Issuer agree and acknowledge that the Indenture Trustee is to have “control” (within the meaning of the UCC) of collateral comprised of “Investment Property” (within the meaning of the UCC) for all purposes of this Agreement. For all purposes of this Agreement, the Indenture Trustee’s “jurisdiction” in respect of matters governed by the UCC Eligible Institution shall be the State of Minnesotaremain a Qualified Institution.
(b) The Servicer has established an account at LaSalle Bank, N.A. (the "Primary Bank"), for the deposit of the amounts representing payments sent by Obligors and the deposit of amounts representing payments sent by customers relating to contracts that have not been pledged to the Indenture Trustee. The Servicer, as agent of the Issuer, shall establish another account at the Primary Bank (the "Lock Box Account"), which shall be an Eligible Deposit Account in the name of the Indenture Trustee for the benefit of the Noteholders, for the deposit of the amounts representing payments sent by Obligors. On each Business Day the Servicer will cause the Primary Bank to deposit all Collections that have been sent to the Primary Bank into the Lock Box Account, and within two Business Days of the deposit into the Lock Box Account with the Primary Bank, at no later than 12:00 noon, New York time, the Servicer will cause the Primary Bank to cause the amounts in the Lock Box Account to be deposited into the Collection Account. The Servicer, as agent of the Issuer, will also establish an account at Wells Fargo Bank Iowa, National Association (the "Secondary Bank") fox xxx deposit of the amounts representing payments sent by Obligors and the deposit of amounts representing payments sent by customers relating to lease contracts which have not been pledged to the Indenture Trustee. The Servicer, as agent of the Issuer, shall establish another account at the Secondary Bank (a "Lock Box Account"), which shall be an Eligible Deposit Account in the name of the Indenture Trustee for the benefit of the Noteholders, for the deposit of the amounts representing payments sent by Obligors. On each Business Day the Servicer will cause the Secondary Bank to deposit all Collections that have been sent to its LockBox Account, and within two Business Days of the deposit into such LockBox Account with the Secondary Bank, the Servicer shall cause the Secondary Bank to cause the amounts in such LockBox Account to be deposited into the Collection Account. The Primary Bank and the Secondary Bank are collectively referred to herein as the "Local Banks."
(c) On each Business Day, the Servicer shall review the amounts that have been sent to the Local Banks and direct the Local Banks to transfer any Excluded Amounts to the Servicer. If the Servicer receives any payments relating to Collections, the Servicer shall hold in trust for the benefit of the Noteholders any such payment until such time as the Servicer transfers any such payment to the Indenture Trustee for deposit in the Collection Account. The Servicer shall remit such payments to the Indenture Trustee for deposit in the Collection Account within two Business Days of receipt.
(d) Notwithstanding Sections 7.01(b) and (c), the Servicer shall not be required to deposit or cause to be depositeddeposited Collections on any Contracts in the Contracts Pool on which (and to the extent that) the Servicer has previously made a Servicer Advance that has not been reimbursed, without deposit into any intervening account, into which amounts the Collection Account not later than two Business Days following the actual receipt Servicer may retain (as reimbursement of such remittance by the Servicer, all Collections on deposit with the Servicer in the form of available funds and all Collections otherwise received by the Servicer. Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and Collections constituting Principal Collections shall be deposited in the Principal Collection Account.
(c) Notwithstanding Section 7.01(bAdvance), the Servicer shall deposit or cause to be deposited, on the applicable Assignment Date, in immediately available funds into the Collection Account all Collections received after the applicable Cut-Off Date and through and including the date two days preceding the applicable Assignment Date in respect of Loans being transferred to the Issuer on such date. Such Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and those constituting Principal Collections shall be deposited in the Principal Collection Account.
(d) [Reserved].
(e) Notwithstanding Sections 7.01(b) and (c), if (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Loan Contract in the Loan Contract Pool and such Collection was received by the Servicer in the form of a check that is not honored for any reason, or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Scheduled Payment in respect of which a dishonored check is received shall be deemed not to have been paid.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (Greatamerica Leasing Receivables 2001-1 LLC)
Trust Accounts; Collections. (a) On or before the Closing Date, the Trust Depositor shall establish the Collection Account (including two sub-accounts: the Interest Collection Account and the Principal Collection Account), the Note Distribution Account and the Reserve Fund, each with and in the name of the Indenture Trustee for the benefit of the Holders and the Swap Counterparties. The Indenture Trustee, for the benefit of the Noteholders and the Swap Counterparties, shall establish a single, segregated trust account in accordance with the provisions of each Swap, referred to as the “Swap Counterparty Collateral Account.” The Servicer and Indenture Trustee are hereby required to ensure that each of the Trust Accounts is established and maintained as an Eligible Deposit Account with a Qualified Institution. If any institution with which any of the accounts established pursuant to this Section 7.01(a) are established ceases to be a Qualified Institution, the Servicer, or if the Servicer fails to do so, the Indenture Trustee (as the case may be) shall within ten Business Days establish a replacement account at a Qualified Institution after notice of such event. The Indenture Trustee and the Servicer shall insure that each Qualified Institution maintaining an Eligible Deposit Account agrees in writing to comply with all instructions originated by the Indenture Trustee directing disposition of the funds in such account without the further consent of the Trust Depositor or Issuer. The Trust Depositor and the Issuer agree and acknowledge that the Indenture Trustee is to have “control” (within the meaning of the UCC) of collateral comprised of “Investment Property” (within the meaning of the UCC) for all purposes of this Agreement. For all purposes of this Agreement, the Indenture Trustee’s “jurisdiction” in respect of matters governed by the UCC shall be the State of Minnesota.
(b) The Servicer shall deposit or cause to be deposited, without deposit into any intervening account, into the Collection Account not later than two Business Days following the actual receipt of such remittance by the Servicer, all Collections on deposit with the Servicer in the form of available funds and all Collections otherwise received by the Servicer. Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and Collections constituting Principal Collections shall be deposited in the Principal Collection Account.
(c) Notwithstanding Section 7.01(b), the Servicer shall deposit or cause to be deposited, on the applicable Assignment Date, in immediately available funds into the Collection Account all Collections received after the applicable Cut-Off Date and through and including the date two days preceding the applicable Assignment Date in respect of Loans being transferred to the Issuer on such date. Such Collections constituting Interest Collections shall be deposited in the Interest Collection Account, and those constituting Principal Collections shall be deposited in the Principal Collection Account[Reserved].
(d) [Reserved].
(e) Notwithstanding Sections Section 7.01(b) and (c), if (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Loan in the Loan Pool and such Collection was received by the Servicer in the form of a check that is not honored for any reason, or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Scheduled Payment in respect of which a dishonored check is received shall be deemed not to have been paid.
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Samples: Transfer and Servicing Agreement (American Capital Strategies LTD)