Common use of Trust Accounts Clause in Contracts

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 10 contracts

Samples: Membership Agreements, Membership Agreements and Disclosures, Membership Agreements

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Trust Accounts. Trust Accounts will only be opened (a) On or prior to the Closing Date, the Issuer shall cause the Indenture Trustee to establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Certificate Paying Agent, on behalf of the Certificateholders and the Credit Enhancer, the Payment Account as provided in Section 3.01 of this Indenture. (b) All monies deposited from time to time in the Payment Account pursuant to the Servicing Agreement and all deposits therein pursuant to this Indenture are for the benefit of the Noteholders and the Certificate Paying Agent, on behalf of the Certificateholders and all investments made with such monies including all income or other gain from such investments are for the benefit of the Master Servicer as provided by the Credit Union if Servicing Agreement. On each Payment Date during the Trust documentation presented by You Funding Period the Indenture Trustee shall withdraw Net Principal Collections from the Payment Account and deposit Net Principal Collections to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Funding Account. We require On each Payment Date, the Indenture Trustee shall distribute all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid amounts on deposit in the Payment Account (after giving effect to the withdrawal referred to in the preceding paragraph) to Noteholders in respect of the Notes and in its capacity as Certificate Paying Agent to Certificateholders in the order of priority set forth in Section 3.05 (except as otherwise provided in Section 5.04(b). The Master Servicer may direct the Indenture Trustee to invest any funds in the Payment Account in Eligible Investments maturing no later than the Business Day preceding each Payment Date and shall not be sold or disposed of prior to the maturity. Unless otherwise instructed by the Master Servicer, the Indenture Trustee shall invest all funds in the Payment Account in Eligible Investments. (c) On or before the Closing Date the Issuer shall open, at the Corporate Trust Office, an account which shall be the "Funding Account". The Master Servicer may direct the Indenture Trustee to invest any funds in the Funding Account in Eligible Investments maturing no later than the Business Day preceding each Payment Date and shall not be sold or disposed of prior to the maturity. Unless otherwise instructed by the Master Servicer, the Indenture Trustee shall invest all funds in the Payment Account in its Corporate Trust Short Term Investment Fund so long as it is an Eligible Investment. During the Funding Period, any amounts received by the Indenture Trustee in respect of Net Principal Collections for deposit in the Funding Account, together with any Eligible Investments in which such monies are or will be invested or reinvested during the term of the Notes, shall be held by the Trustee(s) Indenture Trustee in trust for the beneficiary(ies) namedFunding Account as part of the Trust Estate, subject to disbursement and withdrawal as herein provided: Amounts on deposit in the right Funding Account in respect of Net Principal Collections may be withdrawn on each Deposit Date and (1) paid to the Issuer in payment for Additional Loans by the deposit of such amount to the Collection Account and (2) at the end of the Trustee(sFunding Period any amounts remaining in the Funding Account after the withdrawal called for by clause (1) shall be deposited in the Payment Account to revoke be included in the same payment of principal on the Payment Date that is the last day of the Funding Period. (i) Any investment in whole or the institution with which the Funding Account is maintained may mature on such Payment Date and (ii) any other investment may mature on such Payment Date if the Indenture Trustee shall advance funds on such Payment Date to the Funding Account in part bythe amount payable on such investment on such Payment Date, and pending receipt thereof to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union necessary to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears make distributions on the Account, withdrawals Notes and the pledge Certificates) and shall not be sold or disposed of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and prior to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trusteematurity.

Appears in 9 contracts

Samples: Indenture (Ab Mortgage Securities Corp), Indenture (Homestar Mortgage Acceptance Corp), Indenture (Icifc Secured Assets Corp)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.adequate

Appears in 5 contracts

Samples: Membership Application & Agreement, Membership Application & Agreement, Membership Application & Agreement

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and and, any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.is

Appears in 5 contracts

Samples: Membership Agreements and Disclosures, Membership Agreements and Disclosures, Agreements and Disclosures

Trust Accounts. Trust Accounts will only be opened (a) On or prior to the Closing Date, the Issuer shall cause the Indenture Trustee to establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Certificate Paying Agent, on behalf of the Certificateholders and the Credit Enhancer, the Payment Account as provided in Section 3.01 of this Indenture. (b) All monies deposited from time to time in the Payment Account pursuant to the Servicing Agreement and all deposits therein pursuant to this Indenture are for the benefit of the Noteholders and the Certificate Paying Agent, on behalf of the Certificateholders and all investments made with such monies including all income or other gain from such investments are for the benefit of the Master Servicer as provided by the Credit Union if Servicing Agreement. On each Payment Date during the Trust documentation presented by You Funding Period the Indenture Trustee shall withdraw Net Principal Collections from the Payment Account and deposit Net Principal Collections to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Funding Account. We require On each Payment Date, the Indenture Trustee shall distribute all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid amounts on deposit in the Payment Account (after giving effect to the withdrawal referred to in the preceding paragraph) to Noteholders in respect of the Notes and in its capacity as Certificate Paying Agent to Certificateholders in the order of priority set forth in Section 3.05 (except as otherwise provided in Section 5.04(b). The Master Servicer may direct the Indenture Trustee to invest any funds in the Payment Account in Eligible Investments maturing no later than the Business Day preceding each Payment Date and shall not be sold or disposed of prior to the maturity. Unless otherwise instructed by the Master Servicer, the Indenture Trustee shall invest all funds in the Payment Account in Eligible Investments. (c) On or before the Closing Date the Issuer shall open, at the Corporate Trust Office, an account which shall be the "Funding Account". The Master Servicer may direct the Indenture Trustee to invest any funds in the Funding Account in Eligible Investments maturing no later than the Business Day preceding each Payment Date and shall not be sold or disposed of prior to the maturity. Unless otherwise instructed by the Master Servicer, the Indenture Trustee shall invest all funds in the Payment Account in its Corporate Trust Short Term Investment Fund so long as it is an Eligible Investment. During the Funding Period, any amounts received by the Indenture Trustee in respect of Net Principal Collections for deposit in the Funding Account, together with any Eligible Investments in which such monies are or will be invested or reinvested during the term of the Notes, shall be held by the Trustee(s) Indenture Trustee in trust for the beneficiary(ies) namedFunding Account as part of the Trust Estate, subject to disbursement and withdrawal as herein provided. Amounts on deposit in the right Funding Account in respect of Net Principal Collections may be withdrawn on each Deposit Date and (1) paid to the Issuer in payment for Additional Loans by the deposit of such amount to the Collection Account and (2) at the end of the Trustee(sFunding Period any amounts remaining in the Funding Account after the withdrawal called for by clause (1) shall be deposited in the Payment Account to revoke be included in the same payment of principal on the Payment Date that is the last day of the Funding Period. (i) Any investment in whole or the institution with which the Funding Account is maintained may mature on such Payment Date and (ii) any other investment may mature on such Payment Date if the Indenture Trustee shall advance funds on such Payment Date to the Funding Account in part bythe amount payable on such investment on such Payment Date, and pending receipt thereof to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union necessary to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears make distributions on the Account, withdrawals Notes and the pledge Certificates) and shall not be sold or disposed of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and prior to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trusteematurity.

Appears in 5 contracts

Samples: Indenture (Quick Loan Funding Mortgage Acceptance CORP), Indenture (Peoples Choice Home Loan Securities Corp), Indenture (American Home Mortgage Securities LLC)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-payable on death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 4 contracts

Samples: Membership Agreements, Agreements and Disclosures, Agreements and Disclosures

Trust Accounts. Trust Accounts will only be opened by The following rules govern trust accounts: a. A lawfully created trust may establish an account at the Credit Union if under certain criteria. A lawfully created trust is a trust which has been lawfully created in the Trust documentation presented United States pursuant to a written trust agreement executed by You the Grantor/Settlor in which persons or entities have been designated to serve as Trustee(s) and administer the trust by exercising the powers and authority described in the trust agreement. If the trust is designated as revocable, all of the Settlor(s)/Grantor(s) of the trust must be current members of the Credit Union Union, or otherwise be within the field-of-membership and eligible to become members. If the trust is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine revocable and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right some of the Trustee(sSettlor(s)/Grantor(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member not members of the Credit Union or are otherwise within the field- of-membership and any withdrawal of Trust Account funds will be deemed a revocation of eligible to become members, then the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary trust cannot establish an account at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If the trust is designated as irrevocable, either (a) all of the Settlor(s)/Grantor(s) of the trust must be current members of the Credit Union, or otherwise be within the field-of membership and eligible to become members, or (b) all of the trust beneficiaries must be current members of the Credit Union. If the trust is irrevocable and all of the Settlor(s)/Grantor(s) are not current members of the Credit Union, or otherwise within the field-of-membership and eligible to become members, or all of the beneficiaries are not members of the Credit Union, then the trust cannot establish an account at the Credit Union. b. The Credit Union does not have a trust department. Therefore, the Credit Union cannot act as a Trustee of any shares held in a trust account, nor is the Credit Union obligated to perform any administrative duties specific to a trust. You understand and agree that the Credit Union is not bound by and may disregard any specific provisions of a trust which impose any duties, restrictions or other obligations upon the Credit Union, regardless of whether the Credit Union has received a copy of the trust agreement. The Credit Union reserves the right to close any trust account at any timetime without prior notice by remitting the funds on deposit to the last known trustee(s). c. Any individual trustee may act for the trust and may instruct us regarding transactions and any other account matters. Each trustee guarantees the signature(s) of all other trustee(s). Any single trustee may individually withdraw any or all funds, stop payment on items, order checks, or engage in any other activity concerning the account without the consent of the other trustee(s). In each such case, the Trustee act of any single trustee is deemed incompetent by a court binding upon the trust and all of legal jurisdiction or is unable or unwilling the other trustee(s). We have no duty to serve, the Trust documentation shall determine the successor Trusteenotify any other trustee(s) about any transactions. Xxxxx-xxxxxx account transfers may be made on accounts with an exact match of trustees and account ownership.

Appears in 3 contracts

Samples: Membership and Account Agreement, Membership and Account Agreement, Membership and Account Agreement

Trust Accounts. (a) On or prior to the Closing Date, the Indenture Trustee shall establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Equity Certificateholder, the Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is as provided in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right Section 7.01 of the Trustee(sPooling and Servicing Agreement. (b) The Indenture Trustee agrees that if it does not act as Securities Intermediary with respect to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable Trust Accounts and Living does not have control of the Trust Accounts as set forth in Section 8-106(e) of the UCC, then notwithstanding anything else contained herein, the Indenture Trustee agrees that with respect to each of the Trust Accounts, the individual Indenture Trustee will cause each Securities Intermediary establishing such Trust Accounts to enter into an agreement whereby each such Securities Intermediary agrees that it will (i) comply with Entitlement Orders relating to such Trust Account issued by the Indenture Trustee without further consent by the Issuer; (ii) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (iii) treat each item of property credited to such Trust Account as a Financial Asset; (iv) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the "Settlor"name of, or payable to the order of, or specially indorsed to, any person other than the Securities Intermediary unless it has been indorsed to such Securities Intermediary or is indorsed in blank and (v) must such Securities Intermediary has agreed that it will waive any right of set-off unrelated to its fees for such Trust Account. The Indenture Trustee agrees that if it acts as Securities Intermediary with respect to a Trust Account, it will (i) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (ii) treat each item of property credited to such Trust Account as a Financial Asset; (iii) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the name of, or payable to the order of, or specially indorsed to, any person other than it unless it has been indorsed to it or is indorsed in blank; and (iv) waive any right of set-off unrelated to its fees for such Trust Account. (c) On or before each Payment Date, all amounts required to be a member disbursed to the Indenture Trustee with respect to the preceding Collection Period pursuant to Section 7.05 of the Credit Union Pooling and any withdrawal of Trust Account funds Servicing Agreement will be deemed a revocation transferred from the Collection Account, and/or the Reserve Account and deposited by the Indenture Trustee upon receipt to the Note Distribution Account. (d) On each Payment Date, the Indenture Trustee shall distribute all amounts on deposit in the Note Distribution Account to Noteholders in respect of the Trust Notes to the extent of any such withdrawal unless otherwise provided amounts due and unpaid on the Notes for principal and interest in the Trust documentation. If the Account Designation shows a payable-on-death statusorder and priority set forth in Section 7.05(b) or (c), any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case may be, of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor TrusteePooling and Servicing Agreement.

Appears in 3 contracts

Samples: Indenture (Cit Funding Co, LLC), Indenture (CIT Equipment Collateral 2004-Ef1), Indenture (Cit Ec Ef 2001-A)

Trust Accounts. Individuals may open a separate membership Account for a Revocable Living Trust Accounts will only be opened if all of the following conditions are met: (a) the Trust is eligible for membership in the Credit Union; (b) each owner consents, in writing, to titling or retitling the Account in the name of the Trust; (c) any beneficiaries listed on the account are removed as beneficiaries by the owners; (d) the Account is not an account that provides tax deferrals or any other tax benefit under state or federal law; (e) outstanding loans have been fully paid and closed; (f) the Credit Union agrees to do so. If the Account is retitled in the name of a Trust, the membership of any individual or individuals who had owned all or an interest in the account is terminated unless he or she is a member based on ownership of another Account, or he or she qualifies for, applies for, and is accepted into membership. In order to open an account for a Trust, a Trustee must provide such documentation as is required by the Credit Union if with regard to the Trust, including, but not necessarily limited to, the Trust documentation presented document itself and/or a Certificate of Trust prepared by You the attorney who drafted the Trust and/or a Certificate of Trust Existence and Authority. The Credit Union reserves the right to refuse membership to a Trust when it is not drafted in accordance with and governed by the laws of the State of Michigan or for any other reason in its sole discretion. If an account is opened for a Trust, the Trust is the party with which the Credit Union is contracting, and the Trust agrees that the Credit Union may distribute funds pursuant to the terms of the most recently dated trust agreement or Certificate of Trust on file at the Credit Union, and the Trust, forever indemnifies and holds the Credit Union harmless for distributions made pursuant to that Trust made in good faith reliance on that trust agreement or Certificate of Trust. The Trust further agrees that it is the responsibility of the Trust (through its Trustee) and the settlor of the Trust to notify the Credit Union when a Trust for which an account has been opened has been revoked, rescinded, revised, or in any way modified. All sums paid to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, on deposits (less set-offs allowed by law and/or provided by contract) shall be held paid on proper withdrawal demand. Such demand must be made by the Trustee(s) in trust for as indicated on the beneficiary(ies) named, subject Account Card. The Credit Union has no obligation to monitor the right further distribution of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums any funds withdrawn from the Account, but we reserve the right to deny any withdrawal request. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed Only methods approved by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any used to make Account withdrawals. Any Trustee acting alone (unless two signatures are required). Shares paid in by for a Trust who signs an Account Card represents the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Accountfollowing: (a) if the Beneficiary Trust is a natural person, only if in full force and effect and it has not been revoked or amended in any manner which would cause the Beneficiary is alive and only if the Settlor is deceasedrepresentations made herein to be inaccurate or incorrect; (b) if the Beneficiary named Trustee(s) has qualified, is a charity or other non-profit organization, only if the charity or non-profit organization is in operation acting as a validly constituted, registered and/or licensed entity under applicable state lawtrustee(s), and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable authorized to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.open this Account;

Appears in 3 contracts

Samples: Membership Agreement, Membership Agreement, Membership Agreement

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered registered, and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered registered, and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 3 contracts

Samples: Agreements and Disclosures, Agreements and Disclosures, Agreements and Disclosures

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payablePayable-onOn-death Death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 3 contracts

Samples: Membership Agreements, Membership Agreements, Membership Agreements

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-payable on death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.;

Appears in 2 contracts

Samples: Membership Agreement, Membership Agreements

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, sums whenever paid to the Trust Account, Account shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and and, any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. documentation If the Account Designation shows a payable-on-payable on death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.operation

Appears in 2 contracts

Samples: Agreements and Disclosures, Agreements and Disclosures

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee. UNIFORM SINGLE OR MULTIPLE PARTY ACCOUNT SELECTION FORM NOTICE. The ownership type You select for the Account You open may determine how property passes on Your death. Your will may not control the disposition of funds held in some types of Accounts. It is the responsibility of all Account Owners to determine any legal effects of the ownership type You select. Please read the definitions below and consult with legal counsel if any parts are unclear.

Appears in 2 contracts

Samples: Membership Agreements, Membership Agreements

Trust Accounts. Trust Accounts will only be If you have opened by an account for a Trust, you as Trustee(s) understand and agree that the Credit Union if may distribute funds pursuant to the terms of the most recently dated Trust documentation presented Agreement on file at the Credit Union, and you, on behalf of the Trust, all beneficiaries of the Trust, and all Successor Trustees forever indemnify and hold the credit union harmless for distributions made pursuant to that Trust made in good faith in the absence of gross negligence on the part of the Credit Union. You further agree that it is your responsibility to notify the Credit Union when a Trust for which an account has been opened has been revoked, rescinded, revised, or in any way modified. Revocable Trust or Pay-on-Death Account. If two or more of you create this type of account, you own the account jointly with survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons crating the account, beneficiaries will own this account in equal shares, unless otherwise specified by You the grantor, without right of survivorship. The person(s) creating either of these account types may: (1) change beneficiaries, (2) change the account types, and (3) withdraw all or part of the account funds at any time. POD/Trust Account Designation. A Payable on Death (POD) account or trust account designation is an instruction to the Credit Union that a single or multiple party account so designated is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid payable to the Trust Accountowner(s) during his, shall be held by her or their lifetimes and, when the Trustee(s) in last account owner dies, payable to any named and surviving POD or trust for beneficiary/payee. The owners of these account types may change the beneficiary(ies) namedbeneficiaries, subject to change the right account types, and/or withdraw any or all of the Trustee(s) account funds at any time. Accounts payable to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one surviving beneficiary, then to the beneficiaries then living /payee are owned in equal shares by those beneficiaries, unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in specified by the Trustees shall be owned equallygrantor, without right of survivorship. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the The Credit Union may require the signatures of each is not obligated to notify any beneficiary/payee of the Trustees. For Revocable and Living Trust Accounts, existence of any account or the individual establishing the Trust (the "Settlor") must be a member vesting of the Credit Union and beneficiary/payee's interest in any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless account, except as otherwise provided for in the Trust documentationby law. If the Account Designation shows a payable-on-death status, any Beneficiary has rights Any POD or trust beneficiaries/payee designated shall not apply to the Account: Individual Retirement Accounts (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural personIRAs), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 2 contracts

Samples: Membership Agreement, Membership Agreement

Trust Accounts. (a) On or prior to the Closing Date, the Indenture Trustee shall establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Equity Certificateholder, the Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is as provided in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right Section 7.01 of the Trustee(sPooling and Servicing Agreement. (b) The Indenture Trustee agrees that if it does not act as Securities Intermediary with respect to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable Trust Accounts and Living does not have control of the Trust Accounts as set forth in Section 8-106(e) of the UCC, then notwithstanding anything else contained herein, the Indenture Trustee agrees that with respect to each of the Trust Accounts, the individual Indenture Trustee will cause each Securities Intermediary establishing such Trust Accounts to enter into an agreement whereby each such Securities Intermediary agrees that it will (i) comply with Entitlement Orders relating to such Trust Account issued by the Indenture Trustee without further consent by the Issuer; (ii) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (iii) treat each item of property credited to such Trust Account as a Financial Asset; (iv) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the "Settlor"name of, or payable to the order of, or specially indorsed to, any person other than the Securities Intermediary unless it has been indorsed to such Securities Intermediary or is indorsed in blank and (v) must such Securities Intermediary has agreed that it will waive any right of set-off unrelated to its fees for such Trust Account. The Indenture Trustee agrees that if it acts as Securities Intermediary with respect to a Trust Account, it will (i) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (ii) treat each item of property credited to such Trust Account as a Financial Asset; (iii) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the name of, or payable to the order of, or specially indorsed to, any person other than it unless it has been indorsed to it or is indorsed in blank; and (iv) waive any right of set-off unrelated to its fees for such Trust Account. (c) On or before each Payment Date, all amounts required to be a member disbursed to the Indenture Trustee with respect to the preceding Collection Period pursuant to Section 7.05 of the Credit Union Pooling and any withdrawal of Trust Account funds Servicing Agreement will be deemed a revocation transferred from the Collection Account, and/or the Cash Collateral Account and deposited by the Indenture Trustee upon receipt to the Note Distribution Account. (d) On each Payment Date, the Indenture Trustee shall distribute all amounts on deposit in the Note Distribution Account to Noteholders in respect of the Trust Notes to the extent of any such withdrawal unless otherwise provided amounts due and unpaid on the Notes for principal and interest in the Trust documentation. If the Account Designation shows a payable-on-death statusorder and priority set forth in Section 7.05(b) or (c), any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case may be, of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor TrusteePooling and Servicing Agreement.

Appears in 2 contracts

Samples: Indenture (Cit Equipment Collateral 2002-Vt1), Indenture (Cit Equipment Collateral 2001-1)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee Trustee, (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and and, any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 2 contracts

Samples: Agreements and Disclosures, Agreements and Disclosures

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and and, any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-payable on death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 2 contracts

Samples: Agreements and Disclosures, Agreements and Disclosures

Trust Accounts. Trust Accounts will only be opened (a) On or prior to the Closing Date, the Issuer shall cause the Indenture Trustee to establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Certificate Paying Agent, on behalf of the Certificateholders and the Note Insurer, the Payment Account as provided in Section 3.01 of this Indenture. (b) All monies deposited from time to time in the Payment Account pursuant to the Servicing Agreement and all deposits therein pursuant to this Indenture are for the benefit of the Noteholders and the Certificate Paying Agent, on behalf of the Certificateholders and all investments made with such monies including all income or other gain from such investments are for the benefit of the Master Servicer as provided by the Credit Union if Servicing Agreement. On each Payment Date during the Trust documentation presented by You Funding Period the Indenture Trustee shall withdraw Net Principal Collections from the Payment Account and deposit Net Principal Collections to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Funding Account. We require On each Payment Date, the Indenture Trustee shall distribute all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid amounts on deposit in the Payment Account (after giving effect to the withdrawal referred to in the preceding paragraph) to Noteholders in respect of the Notes and in its capacity as Certificate Paying Agent to Certificateholders in the order of priority set forth in Section 3.05 (except as otherwise provided in Section 5.04(b). The Master Servicer may direct the Indenture Trustee to invest any funds in the Payment Account in Eligible Investments maturing no later than the Business Day preceding each Payment Date and shall not be sold or disposed of prior to the maturity. Unless otherwise instructed by the Master Servicer, the Indenture Trustee shall invest all funds in the Payment Account in Eligible Investments. (c) On or before the Closing Date the Issuer shall open, at the Corporate Trust Office, an account which shall be the "Funding Account". The Master Servicer may direct the Indenture Trustee to invest any funds in the Funding Account in Eligible Investments maturing no later than the Business Day preceding each Payment Date and shall not be sold or disposed of prior to the maturity. Unless otherwise instructed by the Master Servicer, the Indenture Trustee shall invest all funds in the Payment Account in its Corporate Trust Short Term Investment Fund so long as it is an Eligible Investment. During the Funding Period, any amounts received by the Indenture Trustee in respect of Net Principal Collections for deposit in the Funding Account, together with any Eligible Investments in which such monies are or will be invested or reinvested during the term of the Notes, shall be held by the Trustee(s) Indenture Trustee in trust for the beneficiary(ies) namedFunding Account as part of the Trust Estate, subject to disbursement and withdrawal as herein provided: Amounts on deposit in the right Funding Account in respect of Net Principal Collections may be withdrawn on each Deposit Date and (1) paid to the Issuer in payment for Additional Loans by the deposit of such amount to the Collection Account and (2) at the end of the Trustee(sFunding Period any amounts remaining in the Funding Account after the with drawal called for by clause (1) shall be deposited in the Payment Account to revoke be included in the same payment of principal on the Payment Date that is the last day of the Funding Period. (i) Any investment in whole or the institution with which the Funding Account is maintained may mature on such Payment Date and (ii) any other investment may mature on such Payment Date if the Indenture Trustee shall advance funds on such Payment Date to the Funding Account in part bythe amount payable on such investment on such Payment Date, and pending receipt thereof to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union necessary to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears make distributions on the Account, withdrawals Notes and the pledge Certificates) and shall not be sold or disposed of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and prior to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trusteematurity.

Appears in 2 contracts

Samples: Indenture (Ameriquest Mortgage Securities Inc), Indenture (Long Beach Securities Corp)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-payable on death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.is

Appears in 2 contracts

Samples: Membership Agreements, Membership Agreements

Trust Accounts. Trust Accounts will only be If you have opened by an account for a Trust, you as Trustee(s) understand and agree that the Credit Union if may distribute funds pursuant to the terms of the most recently dated Trust documentation presented by Agreement on file at the Credit Union, and you, on behalf of the Trust, all beneficiaries of the Trust, and all Successor Trustees forever indemnify and hold the credit union harmless for distributions made pursuant to that Trust made in good faith in the absence of gross negligence on the part of the Credit Union. You further agree that it is your responsibility to notify the Credit Union when a Trust for which an account has been opened has been revoked, rescinded, revised, or in any way modified. Revocable Trust or Pay-on-Death Account. If two or more of you create this type of account, you own the account jointly with survivorship. Beneficiaries cannot withdraw unless: (1) all persons creating the account die, and (2) the beneficiary is then living. If two or more beneficiaries are named and survive the death of all persons crating the account, beneficiaries will own this account in equal shares, without right of survivorship. The person(s) creating either of these account types may: (1) change beneficiaries, (2) change the account types, and (3) withdraw all or part of the account funds at any time. POD/Trust Account Designation. A Payable on Death (POD) account or trust account designation is an instruction to the Credit Union that a single or multiple party account so designated is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid payable to the Trust Accountowner(s) during his, shall be held by her or their lifetimes and, when the Trustee(s) in last account owner dies, payable to any named and surviving POD or trust for beneficiary/payee. The owners of these account types may change the beneficiary(ies) namedbeneficiaries, subject to change the right account types, and/or withdraw any or all of the Trustee(s) account funds at any time. Accounts payable to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one surviving beneficiary, then to the beneficiaries then living /payee are owned in equal shares unless otherwise designated in the Trust documentationby those beneficiaries, without right of survivorship. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the The Credit Union may require the signatures of each is not obligated to notify any beneficiary/payee of the Trustees. For Revocable and Living Trust Accounts, existence of any account or the individual establishing the Trust (the "Settlor") must be a member vesting of the Credit Union and beneficiary/payee's interest in any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless account, except as otherwise provided for in the Trust documentationby law. If the Account Designation shows a payable-on-death status, any Beneficiary has rights Any POD or trust beneficiaries/payee designated shall not apply to the Account: Individual Retirement Accounts (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural personIRAs), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 2 contracts

Samples: Membership Agreement, Membership Agreement

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. If the Beneficiary dies before the Settlor, the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.a

Appears in 2 contracts

Samples: Membership Agreement, Membership Agreement

Trust Accounts. (a) On or prior to the Closing Date, the Indenture Trustee shall establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Equity Certificateholder, the Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is as provided in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right Section 7.01 of the Trustee(sPooling and Servicing Agreement. (b) The Indenture Trustee agrees that if it does not act as Securities Intermediary with respect to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable Trust Accounts and Living does not have control of the Trust Accounts as set forth in Section 8-106(e) of the UCC, then notwithstanding anything else contained herein, the Indenture Trustee agrees that with respect to each of the Trust Accounts, the individual Indenture Trustee will cause each Securities Intermediary establishing such Trust Accounts to enter into an agreement whereby each such Securities Intermediary agrees that it will (i) comply with Entitlement Orders relating to such Trust Account issued by the Indenture Trustee without further consent by the Issuer; (ii) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (iii) treat each item of property credited to such Trust Account as a Financial Asset; (iv) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the "Settlor"name of, or payable to the order of, or specially indorsed to, any person other than the Securities Intermediary unless it has been indorsed to such Securities Intermediary or is indorsed in blank and (v) must such Securities Intermediary has agreed that it will waive any right of set-off unrelated to its fees for such Trust Account. The Indenture Trustee agrees that if it acts as Securities Intermediary with respect to a Trust Account, it will (i) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (ii) treat each item of property credited to such Trust Account as a Financial Asset; (iii) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the name of, or payable to the order of, or specially indorsed to, any person other than it unless it has been indorsed to it or is indorsed in blank; and (iv) waive any right of set-off unrelated to its fees for such Trust Account. (c) On or before each Payment Date, all amounts required to be a member disbursed to the Indenture Trustee with respect to the preceding Collection Period pursuant to Section 7.05 of the Credit Union Pooling and any withdrawal of Trust Account funds Servicing Agreement will be deemed a revocation transferred from the Collection Account, and/or the Cash Collateral Account and deposited by the Indenture Trustee upon receipt to the Note Distribution Account. (d) On each Payment Date, the Indenture Trustee shall distribute all amounts on deposit in the Note Distribution Account in the order and priority set forth in Section 7.05(b) or (c), as the case may be, of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive Pooling and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor TrusteeServicing Agreement.

Appears in 2 contracts

Samples: Indenture (Cit Equipment Collateral 2004-Vt1), Indenture (Cit Equipment Collateral 2003-Vt1)

Trust Accounts. Trust Accounts will only be opened by The following rules govern trust accounts: a. A lawfully created trust may establish an account at the Credit Union if under certain criteria. A lawfully created trust is a trust which has been lawfully created in the Trust documentation presented United States pursuant to a written trust agreement executed by You the Grantor/Settlor in which persons or entities have been designated to serve as Trustee(s) and administer the trust by exercising the powers and authority described in the trust agreement. If the trust is designated as revocable, all of the Settlor(s)/Grantor(s) of the trust must be current members of the Credit Union Union, or otherwise be within the field-of- membership and eligible to become members. If the trust is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine revocable and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right some of the Trustee(sSettlor(s)/Grantor(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member not members of the Credit Union or are otherwise within the field- of-membership and any withdrawal of Trust Account funds will be deemed a revocation of eligible to become members, then the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary trust cannot establish an account at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If the trust is designated as irrevocable, either (a) all of the Settlor(s)/Grantor(s) of the trust must be current members of the Credit Union, or otherwise be within the field-of membership and eligible to become members, or (b) all of the trust beneficiaries must be current members of the Credit Union. If the trust is irrevocable and all of the Settlor(s)/Grantor(s) are not current members of the Credit Union, or otherwise within the field-of-membership and eligible to become members, or all of the beneficiaries are not members of the Credit Union, then the trust cannot establish an account at the Credit Union. b. The Credit Union does not have a trust department. Therefore, the Credit Union cannot act as a Trustee of any shares held in a trust account, nor is the Credit Union obligated to perform any administrative duties specific to a trust. You understand and agree that the Credit Union is not bound by and may disregard any specific provisions of a trust which impose any duties, restrictions or other obligations upon the Credit Union, regardless of whether the Credit Union has received a copy of the trust agreement. The Credit Union reserves the right to close any trust account at any timetime without prior notice by remitting the funds on deposit to the last known trustee(s). c. Any individual trustee may act for the trust and may instruct us regarding transactions and any other account matters. Each trustee guarantees the signature(s) of all other trustee(s). Any single trustee may individually withdraw any or all funds, stop payment on items, order checks, or engage in any other activity concerning the account without the consent of the other trustee(s). In each such case, the Trustee act of any single trustee is deemed incompetent by a court binding upon the trust and all of legal jurisdiction or is unable or unwilling the other trustee(s). We have no duty to serve, the Trust documentation shall determine the successor Trusteenotify any other trustee(s) about any transactions. Xxxxx-xxxxxx account transfers may be made on accounts with an exact match of trustees and account ownership.

Appears in 2 contracts

Samples: Membership & Account Agreement, Membership and Account Agreement

Trust Accounts. A Trust Accounts will only account is established in the name of a Trust created by the grantor(s) outside of Security Credit Union. The trustee(s) of the Trust has (have) access to the funds in the account. To establish an account in the name of a Trust, the grantor(s) or trustee(s) must provide a properly executed Certificate of Trust Existence and provide the credit union with a hold harmless provision. Security Credit Union reserves the right to refuse membership to a Trust when it is not drafted in accordance with and governed by the laws of the State of Michigan. A Trust is eligible for membership provided:  Any of the settlors or initial trustees of the Trust are eligible for membership  If none of the settlors are alive at the time of account application, one or more beneficiaries are individually eligible members Trustee(s) represent the following:  The Trust is in full force and effect and it has not been revoked or amended in any manner which would cause the representations made herein to be opened inaccurate or incorrect  The named Trustee(s) has qualified, is acting as Trustee(s), and is authorized to open this account and complete other documents for the receipt of financial services from the Credit Union  The Trust document contains a hold harmless provision for any third party dealing with the Trust or any Trustee and that such provision applies to Credit Union  Any one Trustee has the power to authorize withdrawals or transfers from authorized accounts, or authorize new accounts or services. The Credit Union may rely on these representations and any instructions by the Trustee(s) and act in accordance therewith in any respect affecting the account before or after termination of the Trust, unless and until it receives a written notice of changes to the Trust, with notice of changes in Trustee(s), or written notice of any events affecting the Trustee(s) powers described above or in any documents required by the Credit Union. As Trustee(s), you acknowledge and understand your legal obligations as a fiduciary and as more fully set forth in the Michigan Estates and Protected Individuals Code. You further agree to conduct all business with the Credit Union if on behalf of the Trust documentation presented in accordance with state and federal laws as well as orders from any court of competent jurisdiction. Trustee(s) hereby jointly and severally (if more than one) hold the Credit Union and each of its officers, directors, employees, agents, and affiliates harmless and indemnify them against any claims, judgments, settlement amounts, or other liabilities or costs of defense or settlement, including attorneys’ fees arising out of or related to any alleged or actual improper or unsuitable actions taken at the instruction of Trustee(s) in connection with the account for the Trust or for any distribution of Trust assets to any person or entity. This indemnification is made by You the Trustee(s) both in the capacity as Trustee and individually, and shall not be limited by any other independent documentation. If a Trustee provides instructions or an order to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union reasonably believes might expose it to the beneficiary orclaims, if there is more than one beneficiarysuits, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Accountlosses, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trusteeexpenses, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person)liability, or is no longer in operation as a validly constituteddamages, registered and/or licensed entity under applicable state law (in it may refuse to follow the case of a charity instruction or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trusteeorder.

Appears in 2 contracts

Samples: Membership and Account Agreement, Membership and Account Agreement

Trust Accounts. Trust Accounts will only be opened by If you wish to create a trust for the Credit Union if the Trust documentation presented by You to the Credit Union is in benefit of a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to beneficiary, you can open this type of Accountaccount. The person creating the trust is the grantor of the trust. The beneficiary is the person named in the trust who will benefit from the trust. The trustee is the person named in the trust who is charged with holding, managing, pledging, investing and reinvesting the funds of the trust, in their sole discretion, for the benefit of the beneficiary. The funds that the trustee manages are to include earnings on the funds and any future additions to the trust. We require all Trust Accounts may absolutely rely upon your representation to name a beneficiary. You agree that all sumsus, whenever paid as you may change from time to time, as to who is the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right beneficiary of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Accounttrust. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if If there is more than one beneficiarytrustee on the account, then the trustees will be joint tenants with the right of survivorship. This means that all the rules of the section titled JOINT ACCOUNTS will apply to the beneficiaries then living in equal shares unless otherwise designated transactions in the Trust documentationaccount while both joint trustees are alive. Where more than If one Trustee appears on of the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trusteejoint trustees should die, all rights in and to the Account shall belong account, including the right to any terminate the trust, will pass to the surviving Trusteetrustee. In If the event of conflicting demands for funds under the Accounttrust that is created is a revocable trust, the Credit Union may require grantor or grantors, or either of them reserve the signatures right to revoke the trust in part or in full at any time. Any partial or complete withdrawal by the original trustees or any one of each of them, if those trustees are also the Trustees. For Revocable and Living Trust Accountsgrantors that created the trust, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of by the Trust grantors to the extent of any such withdrawal the withdrawal. No other revocation will be valid unless otherwise provided for in written notice by both or either of the Trust documentationgrantors is given to us. If Interest earned on a trust account will be reported under the Account Designation shows a payable-on-death status, any Beneficiary has rights to Tax ID Number of the Account: (a) if first trustee that is designated on the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor TrusteeSignature Card.

Appears in 1 contract

Samples: Privacy Policy

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and and, any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-payable on death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.;

Appears in 1 contract

Samples: Agreements and Disclosures

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You (a) On or prior to the Credit Union is Closing Date, the Depositor shall cause the Servicer to establish the Certificate Distribution Account in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type the name of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust Owner Trustee for the beneficiary(ies) named, subject to the right benefit of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the AccountCertificateholders. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the The Certificate Distribution Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals an Eligible Account and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees initially shall be owned equally. Upon a segregated trust account established with the death of one Owner Trustee and maintained with the Owner Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; . (b) if the Beneficiary is a charity or other non-profit organizationThe Trust shall possess all right, only if the charity or non-profit organization is title and interest in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (all funds on deposit from time to time in the case of a natural person)Certificate Distribution Account and in all proceeds thereof. If, or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Certificate Distribution Account ceases to be an Eligible Account, the Owner Trustee is deemed incompetent shall within 5 Business Days (or such longer period, not to exceed 30 calendar days, as to which each Rating Agency may consent) establish a new Certificate Distribution Account as an Eligible Account and shall transfer any cash and/or any investments to such new Certificate Distribution Account. (c) All amounts held in the Certificate Distribution Account shall, to the extent permitted by applicable laws, rules and regulations, be invested by the Paying Agent in Eligible Investments pursuant to the written instructions of the Administrator that mature not later than one Business Day prior to the Distribution Date for the Monthly Period to which such amounts relate. Investments in Eligible Investments shall be made in the name of the Trust, and such investments shall not be sold or disposed of prior to their maturity. Any investment of funds in the Certificate Distribution Account shall be made in Eligible Investments held by a court financial institution with respect to which (a) such institution has noted the Trust's interest therein by book entry or otherwise and (b) a confirmation of legal jurisdiction the Trust's interest has been sent to the Owner Trustee by such institution, provided that such Eligible Investments are (i) specific certificated securities, and (ii) either (A) in the possession of such institution or is unable (B) in the possession of a clearing corporation in New York or unwilling Delaware, registered in the name of such clearing corporation, not endorsed for collection or surrender or any other purpose not involving transfer, not containing any evidence of a right or interest inconsistent with the Trust's security interest therein, and held by such clearing corporation in an account of such institution. Subject to servethe other provisions hereof, the Paying Agent shall have sole control over each such investment and the income thereon, and any certificate or other instrument evidencing any such investment, if any, shall be delivered directly to the Trust documentation or its agent, together with each document of transfer, if any, necessary to transfer title to such investment to the Trust in a manner which complies with this Section 5. 1. All interest, dividends, gains upon sale and other income from, or earnings on investment of funds in the Certificate Distribution Account shall determine be distributed on the successor Trusteenext Distribution Date pursuant to Section 5.2(a). The Servicer shall deposit in the Certificate Distribution Account an amount equal to any net loss on such investments immediately as realized.

Appears in 1 contract

Samples: Trust Agreement (Arcadia Receivables Finance Corp)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.manner

Appears in 1 contract

Samples: Membership Agreements

Trust Accounts. Trust Accounts will only be opened (a) On or prior to the Closing Date, the Issuer shall cause the Indenture Trustee to establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders, the Payment Account as provided in Section 3.01 hereof. (b) All monies deposited from time to time in the Payment Account and all deposits therein pursuant to this Indenture (other than deposits of any gain or income on investments thereof) are for the benefit of the Noteholders. Any loss on any investment made by the Credit Union if Indenture Trustee with funds in the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid Payment Account shall be reimbursed immediately to the Trust Account, Estate by the Indenture Trustee. All investments made with monies in the Payment Account and the Certificate Distribution Account including all income or other gain from such investments shall be held for the benefit of and the risk of the Indenture Trustee. (c) On each Payment Date, the Indenture Trustee shall be entitled to withdraw from the Payment Account the following amounts: (i) to pay to the Indenture Trustee the Indenture Trustee Fee with respect to such Payment Date and all other amounts reimbursable by the Trustee(s) in trust for Issuer or from the beneficiary(ies) named, subject Payment Account to the right Indenture Trustee pursuant to any provision of the Trustee(sany Basic Document, (ii) to revoke the same in whole or in part by, and pay to the extent of, Owner Trustee all amounts payable or reimbursable by the withdrawal of sums Issuer or from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Payment Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong pursuant to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation provision of the Trust Agreement and (iii) to pay to the extent Custodian all amounts payable or reimbursable by the Issuer or from the Payment Account pursuant to any provision of any the Custodial Agreement, and then the Indenture Trustee shall distribute all remaining amounts on deposit in the Payment Account to the Noteholders in respect of the Notes and to such withdrawal unless other persons in the order of priority set forth in Section 3.05 hereof (except as otherwise provided for in Section 5.04(b) hereof). In addition, the Indenture Trustee shall pay from its own funds, without any right of reimbursement therefor from the Issuer or the Payment Account, all Owner Trustee Fees and the fees payable to the Custodian pursuant to the Custodial Agreement. (d) The Indenture Trustee shall invest any funds in the Trust documentation. If Payment Account, but only in Eligible Investments, as directed by it, maturing no later than the Account Designation shows a payable-on-death status, any Beneficiary has rights next Payment Date and such Eligible Investments shall not be sold or disposed of prior to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trusteetheir maturity.

Appears in 1 contract

Samples: Indenture (American Home Mort Securities Home Mortgage Invest Tr 2004-1)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee Trustee, (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.Trust

Appears in 1 contract

Samples: Agreements and Disclosures

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required)alone. Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.profit

Appears in 1 contract

Samples: Membership Agreements and Disclosures

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of within the Credit Union Union's field of membership as outlined in the Credit Union's Charter and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If For Irrevocable Living Trust Accounts, all Settlors or all beneficiary(ies) named must be within the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation Credit Union's field of membership as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (outlined in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminatedCredit Union's Charter. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 1 contract

Samples: Membership Agreements

Trust Accounts. (a) On or prior to the Closing Date, the Indenture Trustee shall establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders, the Class A-3 Swap Counterparty and the Equity Certificateholder, the Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is as provided in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right Section 7.01 of the Trustee(sPooling and Servicing Agreement. (b) The Indenture Trustee agrees that if it does not act as Securities Intermediary with respect to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable Trust Accounts and Living does not have control of the Trust Accounts as set forth in Section 8-106(e) of the UCC, then notwithstanding anything else contained herein, the Indenture Trustee agrees that with respect to each of the Trust Accounts, the individual Indenture Trustee will cause each Securities Intermediary establishing such Trust Accounts to enter into an agreement whereby each such Securities Intermediary agrees that it will (i) comply with Entitlement Orders relating to such Trust Account issued by the Indenture Trustee without further consent by the Issuer; (ii) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (iii) treat each item of property credited to such Trust Account as a Financial Asset; (iv) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the "Settlor"name of, or payable to the order of, or specially indorsed to, any person other than the Securities Intermediary unless it has been indorsed to such Securities Intermediary or is indorsed in blank and (v) must such Securities Intermediary has agreed that it will waive any right of set-off unrelated to its fees for such Trust Account. The Indenture Trustee agrees that if it acts as Securities Intermediary with respect to a Trust Account, it will (i) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (ii) treat each item of property credited to such Trust Account as a Financial Asset; (iii) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the name of, or payable to the order of, or specially indorsed to, any person other than it unless it has been indorsed to it or is indorsed in blank; and (iv) waive any right of set-off unrelated to its fees for such Trust Account. (c) On or before each Payment Date, all amounts required to be a member disbursed to the Indenture Trustee with respect to the preceding Collection Period pursuant to Section 7.05 of the Credit Union Pooling and any withdrawal of Trust Account funds Servicing Agreement will be deemed a revocation transferred from the Collection Account, and/or the Reserve Account and deposited by the Indenture Trustee upon receipt to the Note Distribution Account. (d) On each Payment Date, the Indenture Trustee shall distribute all amounts on deposit in the Note Distribution Account to Noteholders in respect of the Trust Notes to the extent of any such withdrawal unless otherwise provided amounts due and unpaid on the Notes for principal and interest in the Trust documentation. If the Account Designation shows a payable-on-death statusorder and priority set forth in Section 7.05(b) or (c), any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case may be, of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor TrusteePooling and Servicing Agreement.

Appears in 1 contract

Samples: Indenture (Cit Equipment Collateral 2003-Ef1)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-payable on death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered registered, and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered registered, and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 1 contract

Samples: Agreements and Disclosures

Trust Accounts. (a) The Intermediary shall deposit all funds or property received or held by it in its capacity as Intermediary, other than amounts payable to it as fees for its services or reimbursement of expenses, or payable to it as indemnities pursuant to this Agreement, and other than amounts paid by any Lessee as Special Service Charges or amounts paid by ARC as guarantee payments thereof, in one or more Trust Accounts will only be opened (each, a "Trust Account") established and maintained by the Credit Union if Intermediary within its corporate trust department as segregated trust accounts pursuant to this Agreement, in the name and for the benefit of AESOP Leasing (the "AESOP Trust documentation presented by You Accounts"), or, to the Credit Union is extent such funds or property constitute collections on Designated Receivables, Assigned Special Default Payments or investment earnings thereon, in a manner acceptable the name and for the benefit of the Lender Agent (the "Lender Trust Account(s)"). Absent actual receipt by the Intermediary of written notice from the Trustee or the Lender Agent contesting the application of amounts to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the an AESOP Trust Account, or a Lender Trust Account, or a borrowing under the Receivables Financing Agreement, the Intermediary shall be held by entitled to rely upon a certificate of the Trustee(s) in trust for the beneficiary(ies) namedAdministrator, subject pursuant to the right of Intercreditor Agreement, in determining whether amounts are to be credited to an AESOP Trust Account or a Lender Trust Account or applied to outstanding borrowings under the Trustee(s) to revoke the same Receivables Financing Agreement as provided in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving TrusteeSection 3.4 hereof. In the event of conflicting demands for funds under the Accountreceipt by the Intermediary of any such notice, and failure to resolve the matter in dispute within two Business Days thereafter, then, if the amount in controversy is greater than $1,000,000, the Credit Union may require parties agree that the signatures dispute resolution procedures set forth in the Intercreditor Agreement shall apply. The funds from time to time in the Trust Account(s) shall be invested by the Intermediary in Permitted Investments as directed in writing by AESOP Leasing. In the absence of written direction from AESOP Leasing or of standing instructions to the contrary, the Intermediary shall invest the Trust Accounts in The One Group U.S. Treasury Money Market Fund. The Intermediary shall not be liable for losses on any investments made by it pursuant to and in compliance with the provisions of this Agreement. (b) Amounts payable by any Lessee as Special Service Charges that represent fees, expenses, indemnity amounts or other amounts payable to the Lender Agent, shall, if so requested by the Lender Agent by a notice delivered to each of the TrusteesIntermediary, AESOP Leasing and the Administrator, be paid directly to the Lender Agent. For Revocable and Living Trust AccountsOtherwise, any such amounts paid to the individual establishing Intermediary shall be paid by the Trust (Intermediary to the "Settlor") must be a member of Lender Agent on the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust date received; PROVIDED, that to the extent such amounts cannot practicably be paid by the Intermediary to the Lender Agent on the date received, the Intermediary shall deposit such funds into a suspense account that is a segregated trust account maintained by the Intermediary in the name of the Lender Agent pending their payment to the Lender Agent. (c) The Lender Agent shall have sole dominion and control over all Lender Trust Accounts and all monies, investments and other properties therein or thereof and all proceeds of any of the foregoing, and no such monies, investments, other properties or proceeds may be withdrawn or transferred therefrom without the prior written consent or direction of the Lender Agent (except as otherwise expressly provided pursuant to Section 6(c) of the Intercreditor Agreement); PROVIDED, that (x) prior to (i) the actual receipt by the Intermediary of written notice from the Lender Agent that an Event of Default under and as defined in any of the Receivables Funding Documents has occurred or (ii) the Intermediary otherwise having actual knowledge of the occurrence of any such withdrawal unless otherwise Event of Default, the Administrator may request the Intermediary to remit directly to the Lender Agent (and only directly to the Lender Agent) by wire transfer amounts held in any such Lender Trust Account for the purpose of applying such amounts to the payment of principal and interest (and breakage amounts, if any) owing under the Receivables Funding Documents and (y) monies in any Lender Trust Account may, until intended to be withdrawn therefrom, be invested in Permitted Investments as provided for above. The Intermediary agrees that, upon either (1) the written request of the Lender Agent made concurrently with or after sending to the Intermediary notice of the occurrence of any such Event of Default or (2) receipt of notice of any termination of the Intermediary pursuant to Section 8.2 hereof, the Intermediary shall promptly remit to the Lender Agent all monies, investments and other property in the Lender Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor TrusteeAccounts.

Appears in 1 contract

Samples: Master Exchange Agreement (Avis Group Holdings Inc)

Trust Accounts. Trust Accounts will only be opened (a) On or prior to the Closing Date, the Issuer shall cause the Indenture Trustee to establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders, the Payment Account as provided in Section 3.01 hereof. (b) All monies deposited from time to time in the Payment Account and all deposits therein pursuant to this Indenture (other than deposits of any gain or income on investments thereof) are for the benefit of the Noteholders. Any loss on any investment made by the Credit Union if Indenture Trustee with funds in the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid Payment Account shall be reimbursed immediately to the Trust Estate by the Indenture Trustee. All investments made with monies in the Payment Account and the Certificate Distribution Account including all income or other gain from such investments shall be for the benefit of and the risk of the Indenture Trustee. (c) On each Payment Date, the Indenture Trustee shall be entitled to withdraw from the Payment Account the following amounts: (i) to pay to the Indenture Trustee the Indenture Trustee Fee with respect to such Payment Date and all other amounts reimbursable by the Issuer or from the Payment Account to the Indenture Trustee pursuant to any provision of any Basic Document, and (ii) the Indenture Trustee shall distribute all remaining amounts on deposit in the Payment Account to the Noteholders in respect of the Notes and to such other persons in the order of priority set forth in Section 3.05 hereof (except as otherwise provided in Section 5.04(b) hereof). In addition, the Indenture Trustee shall pay from its own funds, without any right of reimbursement therefor from the Issuer or the Payment Account, shall be held by all Owner Trustee Fees and the Trustee(s) in trust for the beneficiary(ies) named, subject fees payable to the right of the Trustee(s) to revoke the same in whole or in part by, and Custodian pursuant to the extent of, the withdrawal of sums from the Account. Upon the death of the Custodial Agreement. (d) The Indenture Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining shall invest any funds in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Payment Account, withdrawals but only in Eligible Investments, as directed by it, maturing no later than the next Payment Date and the pledge such Eligible Investments shall not be sold or disposed of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and prior to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trusteetheir maturity.

Appears in 1 contract

Samples: Indenture (American Home Mortgage Investment Trust 2004-2)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, sums whenever paid to the Trust Account, Account shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-payable on death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.state

Appears in 1 contract

Samples: Membership Agreements

Trust Accounts. Trust Accounts will only be opened by The following rules govern trust accounts: a. A lawfully created trust may establish an account at the Credit Union if under certain criteria. A lawfully created trust is a trust which has been lawfully created in the Trust documentation presented United States pursuant to a written trust agreement executed by You the grantor or settlor in which persons or entities have been designated to serve as Trustee(s) and administer the trust by exercising the powers and authority described in the trust agreement. If the trust is designated as revocable, all of the grantors or settlors of the trust must be current members of the Credit Union Union, or otherwise be within the field- of-membership and eligible to become members. If the trust is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine revocable and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right some of the Trustee(sgrantor(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures settlor(s) are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member not members of the Credit Union or are otherwise within the field-of- membership and any withdrawal of Trust Account funds will be deemed a revocation of eligible to become members, then the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary trust cannot establish an account at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If the trust is designated as irrevocable, either (a) all of the grantor(s) or settlor(s) of the trust must be current members of the Credit Union, or otherwise be within the field-of membership and eligible to become members, or (b) all of the trust beneficiaries must be current members of the Credit Union. If the trust is irrevocable and all of the grantor(s) or settlor(s) are not current members of the Credit Union, or otherwise within the field-of-membership and eligible to become members, or all of the beneficiaries are not members of the Credit Union, then the trust cannot establish an account at the Credit Union. b. The Credit Union does not have a trust department. Therefore, the Credit Union cannot act as a trustee of any shares held in a trust account, nor is the Credit Union obligated to perform any administrative duties specific to a trust. You understand and agree that the Credit Union is not bound by and may disregard any specific provisions of a trust which impose any duties, restrictions or other obligations upon the Credit Union, regardless of whether the Credit Union has received a copy of the trust agreement. The Credit Union reserves the right to close any trust account at any timetime without prior notice by remitting the funds on deposit to the last known trustee(s). c. Any individual trustee may act for the trust and may instruct us regarding transactions and any other account matters. Each trustee guarantees the signature(s) of all other trustee(s). Any single trustee may individually withdraw any or all funds, stop payment on items, order checks, or engage in any other activity concerning the account without the consent of the other trustee(s). In each such case, the Trustee act of any single trustee is deemed incompetent by a court binding upon the trust and all of legal jurisdiction or is unable or unwilling the other trustee(s). We have no duty to serve, the Trust documentation shall determine the successor Trusteenotify any other trustee(s) about any transactions. Xxxxx-xxxxxx account transfers may be made on accounts with an exact match of trustees and account ownership.

Appears in 1 contract

Samples: Membership and Account Agreement

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Trust Accounts. (a) On or prior to the Closing Date, the Indenture Trustee shall establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Equity Certificateholder, the Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is as provided in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right Section 7.01 of the Trustee(sPooling and Servicing Agreement. (b) The Indenture Trustee agrees that if it does not act as Securities Intermediary with respect to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable Trust Accounts and Living does not have control of the Trust Accounts as set forth in Section 8-106(e) of the UCC, then notwithstanding anything else contained herein, the Indenture Trustee agrees that with respect to each of the Trust Accounts, the individual Indenture Trustee will cause each Securities Intermediary establishing such Trust Accounts to enter into an agreement whereby each such Securities Intermediary agrees that it will (i) comply with Entitlement Orders relating to such Trust Account issued by the Indenture Trustee without further consent by the Issuer; (ii) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (iii) treat each item of property credited to such Trust Account as a Financial Asset; (iv) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the "Settlor"name of, or payable to the order of, or specially indorsed to, any person other than the Securities Intermediary unless it has been indorsed to such Securities Intermediary or is indorsed in blank and (v) must such Securities Intermediary has agreed that it will waive any right of set-off unrelated to its fees for such Trust Account. The Indenture Trustee agrees that if it acts as Securities Intermediary with respect to a Trust Account, it will (i) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (ii) treat each item of property credited to such Trust Account as a Financial Asset; and (iii) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the name of, or payable to the order of, or specially indorsed to, any person other than it unless it has been indorsed to it or is indorsed in blank. (c) On or before each Payment Date, all amounts required to be a member disbursed to the Indenture Trustee with respect to the preceding Collection Period pursuant to Section 7.05 of the Credit Union Pooling and any withdrawal of Trust Account funds Servicing Agreement will be deemed a revocation transferred from the Collection Account, and/or the Cash Collateral Account and deposited by the Indenture Trustee upon receipt to the Note Distribution Account. (d) On each Payment Date, the Indenture Trustee shall distribute all amounts on deposit in the Note Distribution Account to Noteholders in respect of the Trust Notes to the extent of any such withdrawal unless otherwise provided amounts due and unpaid on the Notes for principal and interest in the Trust documentation. If the Account Designation shows a payable-on-death statusorder and priority set forth in Section 7.05(b) or (c), any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case may be, of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor TrusteePooling and Servicing Agreement.

Appears in 1 contract

Samples: Indenture (Cit Equipment Collateral 2000-2)

Trust Accounts. (a) On or prior to the Closing Date, the Indenture Trustee shall establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Equity Certificateholder, the Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is as provided in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right Section 7.01 of the Trustee(sPooling and Servicing Agreement. (b) The Indenture Trustee agrees that if it does not act as Securities Intermediary with respect to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable Trust Accounts and Living does not have control of the Trust Accounts as set forth in Section 8-106(e) of the UCC, then notwithstanding anything else contained herein, the Indenture Trustee agrees that with respect to each of the Trust Accounts, the individual Indenture Trustee will cause each Securities Intermediary establishing such Trust Accounts to enter into an agreement whereby each such Securities Intermediary agrees that it will (i) comply with Entitlement Orders relating to such Trust Account issued by the Indenture Trustee without further consent by the Issuer; (ii) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (iii) treat each item of property credited to such Trust Account as a Financial Asset; (iv) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the "Settlor"name of, or payable to the order of, or specially indorsed to, any person other than the Securities Intermediary unless it has been indorsed to such Securities Intermediary or is indorsed in blank and (v) must such Securities Intermediary has agreed that it will waive any right of set-off unrelated to its fees for such Trust Account. The Indenture Trustee agrees that if it acts as Securities Intermediary with respect to a Trust Account, it will (i) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (ii) treat each item of property credited to such Trust Account as a Financial Asset; and (iii) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the name of, or payable to the order of, or specially indorsed to, any person other than it unless it has been indorsed to it or is indorsed in blank. (c) On or before each Payment Date, all amounts required to be a member disbursed to the Indenture Trustee with respect to the preceding Collection Period pursuant to Section 7.05 of the Credit Union Pooling and any withdrawal of Trust Account funds Servicing Agreement will be deemed a revocation transferred from the Collection Account, Class A-2a Funding Account, Class A Principal Account and/or the Cash Collateral Account and deposited by the Indenture Trustee upon receipt to the Note Distribution Account. (d) On each Payment Date, the Indenture Trustee shall distribute all amounts on deposit in the Note Distribution Account to Noteholders in respect of the Trust Notes to the extent of any such withdrawal unless otherwise provided amounts due and unpaid on the Notes for principal and interest in the Trust documentation. If order and priority set forth in Section 7.05(b) or (c), as the Account Designation shows a payable-on-death statuscase may be, any Beneficiary has rights of the Pooling and Servicing Agreement. (e) On the Class A-2a Maturity Date, prior to distributions pursuant to Section 7.05(c) of the Pooling and Servicing Agreement, the Indenture Trustee shall distribute to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (Class A-2a Noteholders all amounts on deposit in the case Class A-2a Funding Account (exclusive of a natural personInvestment Earnings thereon), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law . (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary f) If at any time there is a loss of principal on amounts on deposit in the Class A-2a Funding Account, the Principal Amount of the Class A-2b Notes shall be reduced by providing Us adequate proof of an amount equal to such change in a manner acceptable principal loss. At any time thereafter, if such loss is subsequently recovered, (i) prior to the Credit Union. If at Class A-2a Maturity Date, such amounts shall be held on deposit in the Class A-2a Funding Account and the Principal Amount of the Class A-2b Notes shall be increased by such recovery amount, or (ii) on and after the Class A-2a Maturity Date, such recovery amount shall be applied first, to the Class A-2a Noteholders as a reduction of principal until the Principal Amount of the Class A-2a Notes has been reduced to zero and the Principal Amount of the Class A-2b Notes shall be increased by such recovery amount and then, to the Class A-2b Noteholders (without any timereduction or increase in the Principal Amount of the Class A-2b Notes); provided, however, that if additional Class A-2b Notes are issued pursuant to Section 2.14 of this Indenture such amounts shall be distributed to the Trustee is deemed incompetent original Class A-2b Noteholders as a payment of principal without any reduction in the Principal Amount of the original Class A-2b Notes. (g) In the event that the foregoing provisions providing for the reduction of the Principal Amount of the Class A-2b Notes by an amount equal to the principal loss in the Class A-2a Funding Account (the "Class A-2a Shortfall") are not enforced, or are otherwise set aside or disregarded by a court of legal jurisdiction or is unable or unwilling to servecompetent jurisdiction, the Trust documentation principal balance of the Class A-2b Notes shall determine be deemed junior and subordinate, in an amount equal to the successor TrusteeClass A-2a Shortfall, to the claims and rights (including any rights with respect to interest on such subordinated amount, including post-petition interest, whether or not allowed as a claim in any bankruptcy or other insolvency proceeding) of all of the other Notes in right of payment and priority, notwithstanding any other term or provision of this Indenture or the Class A-2b Notes to the contrary. To give effect to this subordination, by acceptance of a Class A-2b Note the holder thereof agrees that, notwithstanding any other term or provision of the Indenture to the contrary: (i) during the existence and continuance of a Class A-2a Shortfall, the holders of the Class A-2b Notes shall not be entitled to receive any payment or other distribution on account of the Class A-2a Shortfall, and shall not be entitled to exercise any rights of subrogation or reimbursement with respect to the Class A-2a Shortfall, unless and until all other Notes have been indefeasibly paid in full in cash; (ii) the holders of the Class A-2b Notes shall not effect, and by accepting such Notes hereby irrevocably waive, any right to setoff, recoup or otherwise apply any obligations of such holder on deposit in the Class A-2a Funding Account to any of the Notes of any class held by them; (iii) the obligations and agreements set forth in this subsection (g) shall be enforceable in any bankruptcy, reorganization, receivership, liquidation or other insolvency proceeding of any kind of the Issuer, including without limitation, pursuant to any plan of reorganization of the Issuer in a chapter 11 case; and (iv) the provisions of this subsection (g) shall constitute a subordination agreement enforceable under Section 510(a) of the Bankruptcy Code.

Appears in 1 contract

Samples: Indenture (Cit Equipment Collateral 2000-1)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered registered, and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered registered, and/or licensed entity under applicable state law (in the case of a charity or non-non- profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 1 contract

Samples: Membership Agreements

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require the Trust Agreement for all Trust Accounts to name a beneficiary. You agree that all sums, sums whenever paid to the Trust Account, Account shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union pursuant to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise instructions designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are requiredthe Trust documentation requires otherwise). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and and, any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered registered, and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered registered, and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 1 contract

Samples: Membership Agreements

Trust Accounts. Trust Accounts will only be opened by The following rules govern trust accounts: a. A lawfully created trust may establish an account at the Credit Union if under certain criteria. A lawfully created trust is a trust which has been lawfully created in the United States pursuant to a written trust agreement executed by the Grantor/Settlor in which persons or entities have been designated to serve as Trustee(s) and administer the Trust documentation presented by You to exercising the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine powers and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining authority described in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentationtrust agreement. If the Account Designation shows a payable-on-death statustrust is designated as revocable, any Beneficiary has rights to all of the Account: (aSettlor(s)/Grantor(s) if of the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case trust must be current members of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If the trust is revocable and some of the Settlor(s)/Grantor(s) are not members of the Credit Union, the trust cannot be established at the Credit Union. If the trust is designated as irrevocable, either all of the Settlor(s)/Grantor(s) of the trust or all of the trust beneficiaries must be current members of the Credit Union. If the trust is irrevocable and either all of the Settlor(s)/Grantor(s) or all of the beneficiaries are not members of the Credit Union, the trust cannot be established at the Credit Union. b. The Credit Union does not have a trust department. Therefore, the Credit Union cannot act as a Trustee of any shares held in a trust account, nor is the Credit Union obligated to perform any administrative duties specific to a trust. You understand and agree that the Credit Union is not bound by and may ignore any specific provisions of a trust which impose any duties, restrictions or other obligations upon the Credit Union, regardless of whether the Credit Union has received a copy of the trust. The Credit Union reserves the right to close any trust account at any timetime without prior notice by remitting the funds on deposit to the last known trustees. c. Any individual trustee may act for the trust and may instruct us regarding transactions and any other account matters. Each trustee guarantees the signature(s) of all other trustee(s). Any single trustee may individually withdraw any or all funds, stop payment on items, order checks, or engage in any other activity concerning the account without the consent of the other trustee(s). In each such case, the Trustee act of any single trustee is deemed incompetent by a court binding upon the trust and all of legal jurisdiction or is unable or unwilling the other trustee(s). We have no duty to serve, the Trust documentation shall determine the successor Trusteenotify any other trustee(s) about any transactions. Xxxxx-xxxxxx account transfers may be made in person on trust accounts.

Appears in 1 contract

Samples: Membership and Account Agreement

Trust Accounts. (a) On or prior to the Closing Date, the Issuer shall cause the Servicer to establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Certificateholders, the Trust Accounts as provided in Section 7.01 of the Transfer and Servicing Agreement. (b) On or before each Distribution Date, all amounts required to be disbursed to the Indenture Trustee with respect to the preceding Collection Period pursuant to Section 7.01 of the Transfer and Servicing Agreement will only be opened transferred from the Collection Account and/or the Reserve Fund and deposited by the Credit Union if the Trust documentation presented by You Indenture Trustee upon receipt to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Note Distribution Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid . (c) On each Distribution Date prior to the Trust Accountoccurrence of an Event of Default, the Indenture Trustee shall distribute all amounts on deposit in the Note Distribution Account to Noteholders in respect of the Notes to the extent of amounts due and unpaid on the Notes for principal and interest as follows and in the following order of priority: first, so much of such installment or payment as shall be held by required to reimburse the Trustee(s) Servicer for Unreimbursed Servicer Advances; second, if a Successor Servicer is being appointed, the costs and expenses of the Indenture Trustee associated with such Successor Servicer and the transition relating thereto (which amount shall not, taken in trust the aggregate with all other amounts withdrawn for such purpose, exceed $100,000); third, so much of such installment or payment as shall be required to pay the Servicer its monthly Servicing Fee for the beneficiary(ies) namedpreceding Collection Period, subject to which includes the right amounts payable for the fees and expenses of the Trustee(s) Trustees; provided that the Indenture Trustee may deduct and remit to revoke its own account any accrued and unpaid fees, and unpaid expenses and indemnity payments due to it as Indenture Trustee and, if it is also acting as a paying agent for the same in whole or in part byIssuer, as Paying Agent, but only if and to the extent ofsuch amounts shall not have been paid timely by the Servicer and in no event shall amounts payable on a Distribution Date with respect to the monthly fee and expenses of the Indenture Trustee exceed $25,000 per month; fourth so much of such installment or payment as shall be required to pay in full the aggregate amount of interest then due on or in respect of the Class A-1 Notes, the withdrawal Class A-2 Notes, the Class A-3 Notes and the Class A-4 Notes shall be distributed to the Class A-1 Noteholders, the Class A-2 Noteholders, the Class A-3 Noteholders and the Class A-4 Noteholders ratably, without priority of sums from any one Class A-1 Note, one Class A-2 Note, one Class A-3 Note or one Class A-4 Note over any other Class A-1 Note, any other Class A-2 Note, any other Class A-3 Note or any other Class A-4 Note, in the Account. Upon proportion that the death aggregate amount of all accrued but unpaid interest to the date of distribution on each Class A-1 Note, each Class A-2 Note, each Class A-3 Note and each Class A-4 Note bears to the aggregate amount of all accrued but unpaid interest to the date of distribution on all Class A-1 Notes, all Class A-2 Notes, all Class A-3 Notes and all Class A-4 Notes; fifth, so much of such installment or payment as shall be required to pay in full the aggregate amount of interest then due on or in respect of the Trustee (Class B Notes shall be distributed to the Class B Noteholders ratably, without priority of any one Class B Note over any other Class B Note, in the proportion that the aggregate amount of all accrued but unpaid interest to the date of distribution on each Class B Note bears to the aggregate amount of all accrued but unpaid interest to the date of distribution on all Class B Notes; sixth, so much of such installment or if more than one, upon payment as shall be required to pay in full the death aggregate amount of interest then due on or in respect of the last surviving TrusteeClass C Notes shall be distributed to the Class C Noteholders ratably, without priority of any one Class C Note over any other Class C Note, in the proportion that the aggregate amount of all accrued but unpaid interest to the date of distribution on each Class C Note bears to the aggregate amount of all accrued but unpaid interest to the date of distribution on all Class C Notes; seventh, the balance, if any, of such installment or payment remaining thereafter shall be distributed ratably to the Class A-1 Noteholders to pay in full the aggregate amount of the Class A Principal Payment Amount then due pursuant to or in respect of the Class A-1 Notes, without priority of any one Class A-1 Note over any other Class A-1 Note, in the proportion that the unpaid principal amount of each Class A-1 Note bears to the aggregate unpaid principal amount of all Class A-1 Notes; eighth, the balance, if any, of such installment or payment remaining thereafter shall be distributed ratably to the Class A-2 Noteholders to pay in full the aggregate amount of the Class A Principal Payment Amount then due pursuant to or in respect of the Class A-2 Notes, without priority of any one Class A-2 Note over any other Class A-2 Note, in the proportion that the aggregate unpaid principal amount of each Class A-2 Note bears to the aggregate unpaid principal amount of all Class A-2 Notes; provided, that the Outstanding Amount of the Class A-1 Notes is $0; ninth, the balance, if any, of such installment or payment remaining thereafter shall be distributed ratably to the Class A-3 Noteholders to pay in full the aggregate amount of the Class A Principal Payment Amount then due pursuant to or in respect of the Class A-3 Notes, without priority of any one Class A-3 Note over any other Class A-3 Note, in the proportion that the unpaid principal amount of each Class tenth, the balance, if any, of such installment or payment remaining thereafter shall be distributed ratably to the Class A-4 Noteholders to pay in full the aggregate amount of the Class A Principal Payment Amount then due pursuant to or in respect of the Class A-4 Notes, without priority of any one class A-4 Note over any other Class A-4 Note, in the proportion that the aggregate unpaid principal amount of each Class A-4 Note bears to the unpaid principal amount of all Class A-4 Notes; provided, that the Outstanding Amount of the Class A-1 Notes, Class A-2 Notes and Class A-3 Notes is $0; eleventh, the balance, if any, of such installment or payment remaining thereafter shall be distributed ratably to the Class B Noteholders to pay in full the aggregate amount of the Class B Principal Payment Amount then due pursuant to or in respect of the Class B Notes, without priority of any one Class B Note over any other Class B Note, in the proportion that the unpaid principal amount of each Class B Note bears to the aggregate unpaid principal amount of all Class B Notes; provided, that the Outstanding Amount of the Class A-1 Notes is $0; twelfth, the balance, if any, of such installment or payment remaining thereafter shall be distributed ratably to the Class C Noteholders to pay in full the aggregate amount of the Class C Principal Payment Amount then due pursuant to or in respect of the Class C Notes, without priority of any one Class C Note over any other Class C Note, in the proportion that the unpaid principal amount of each Class C Note bears to the aggregate unpaid principal amount of all Class C Notes; provided, that the Outstanding Amount of the Class A-1 Notes is $0; thirteenth, the balance, if any, of such installment or payment remaining thereafter shall be distributed ratably to the Class A-2 Noteholders to pay in full the lesser of (i) the Additional Principal and (ii) the Outstanding Amount of Class A-2 Notes (after giving effect to the Class A Principal Payment Amount), without priority of any one Class A-2 Note over any other Class A-2 Note, in the proportion that the aggregate unpaid principal amount of each Class A-2 Note bears to the aggregate unpaid principal amount of all Class A-2 Notes; provided, that the Outstanding Amount of the Class A-1 Notes is $0; fourteenth, the balance, if any, of such installment or payment remaining thereafter shall be distributed ratably to the Class A-3 Noteholders to pay in full the lesser of (i) the Additional Principal and (ii) the Outstanding Amount of Class A-3 Notes (after giving effect to the Class A Principal Payment Amount), without priority of any one Class A-3 Note over any other Class A-3 Note, in the proportion that the aggregate unpaid principal amount of each Class A-3 Note bears to the aggregate unpaid principal amount of all Class A-3 Notes; provided, that the Outstanding Amount of the Class A-1 Notes and Class A-2 Notes is $0; fifteenth, the balance, if any, of such installment or payment remaining thereafter shall be distributed ratably to the Class A-4 Noteholders to pay in full the lesser of (i) the Additional Principal and (ii) the Outstanding Amount of Class A-4 Notes (after giving effect to the Class A Principal Payment Amount), without priority of any one Class A-4 Note over any other Class A-4 Note, in the proportion that the aggregate unpaid principal amount of each Class A-4 Note bears to the aggregate unpaid principal amount of all Class A-4 Notes; provided, that the Outstanding Amount of the Class A-1 Notes, Class A-2 Notes and Class A-3 Notes is $0; sixteenth, the balance, if any, of such installment or payment remaining thereafter shall be distributed ratably to the Class B Noteholders to pay in full the lesser of (i) the Additional Principal and (ii) the Outstanding Amount of Class B Notes (after giving effect to the Class B Principal Payment Amount), without priority of any one Class B Note over any other Class B Note, in the proportion that the aggregate unpaid principal amount of each Class B Note bears to the aggregate unpaid principal amount of all Class B Notes; provided, that the Outstanding Amount of the Class A-1 Notes, Class A-2 Notes, Class A-3 Notes and Class A-4 Notes is $0; seventeenth, the balance, if any, of such installment or payment remaining thereafter shall be distributed ratably to the Class C Noteholders to pay in full the lesser of (i) the Additional Principal and (ii) the Outstanding Amount of Class C Notes (after giving effect to the Class C Principal Payment Amount), without priority of any one Class C Note over any other Class C Note, in the proportion that the aggregate unpaid principal amount of each Class C Note bears to the aggregate unpaid principal amount of all Class C Notes; provided, that the Outstanding Amount of the Class A-1 Notes, Class A-2 Notes, Class A-3 Notes, Class -66- 67 eighteenth, if the sum of (i) the remaining Available Amounts, (ii) any other funds available in the Collection Account as of the Determination Date (which for purposes of this subparagraph eighteenth will be deemed to be "Available Amounts") and (iii) the remaining amounts held in the Reserve Fund equals or exceeds the sum of the remaining Principal Amount of the Notes and any accrued and unpaid Servicing Fee, distribute ratably to the Noteholders an amount equal to such remaining Principal Amount; nineteenth, unless the Principal Amount of all Notes will be fully paid on such Distribution Date, to the Reserve Fund an amount, if any, that, when so deposited, causes the balance in the Reserve Fund to equal the Required Reserve Amount; twentieth, unless the Principal Amount of all Notes will be fully paid on such Distribution Date, if a Spread Event exists, the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary orSpread Fund; twenty-first, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Indenture Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided remaining amounts due and payable to it; and twenty-second, the balance, if any, shall be paid to the Owner Trustee on behalf of the Issuer for in application pursuant to the terms of the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor TrusteeAgreement.

Appears in 1 contract

Samples: Indenture (Orix Credit Alliance Receivables Trust 2000 B)

Trust Accounts. Trust Accounts will only be opened (a) On or prior to the Closing Date, the Issuer shall cause the Indenture Trustee to establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Certificate Paying Agent, on behalf of the Certificateholders and the Note Insurer, the Payment Account as provided in Section 3.01 of this Indenture. (b) All monies deposited from time to time in the Payment Account pursuant to the Servicing Agreement and all deposits therein pursuant to this Indenture are for the benefit of the Noteholders and the Certificate Paying Agent, on behalf of the Certificateholders and all investments made with such monies including all income or other gain from such investments are for the benefit of the Master Servicer as provided by the Credit Union if Servicing Agreement. 41 On each Payment Date during the Trust documentation presented by You Funding Period the Indenture Trustee shall withdraw Net Principal Collections from the Payment Account and deposit Net Principal Collections to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Funding Account. We require On each Payment Date, the Indenture Trustee shall distribute all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid amounts on deposit in the Payment Account (after giving effect to the withdrawal referred to in the preceding paragraph) to Noteholders in respect of the Notes and in its capacity as Certificate Paying Agent to Certificateholders in the order of priority set forth in Section 3.05 (except as otherwise provided in Section 5.04(b). The Master Servicer may direct the Indenture Trustee to invest any funds in the Payment Account in Eligible Investments maturing no later than the Business Day preceding each Payment Date and shall not be sold or disposed of prior to the maturity. Unless otherwise instructed by the Master Servicer, the Indenture Trustee shall invest all funds in the Payment Account in Eligible Investments. (c) On or before the Closing Date the Issuer shall open, at the Corporate Trust Office, an account which shall be the "Funding Account". The Master Servicer may direct the Indenture Trustee to invest any funds in the Funding Account in Eligible Investments maturing no later than the Business Day preceding each Payment Date and shall not be sold or disposed of prior to the maturity. Unless otherwise instructed by the Master Servicer, the Indenture Trustee shall invest all funds in the Payment Account in its Corporate Trust Short Term Investment Fund so long as it is an Eligible Investment. During the Funding Period, any amounts received by the Indenture Trustee in respect of Net Principal Collections for deposit in the Funding Account, together with any Eligible Investments in which such monies are or will be invested or reinvested during the term of the Notes, shall be held by the Trustee(s) Indenture Trustee in trust for the beneficiary(ies) namedFunding Account as part of the Trust Estate, subject to disbursement and withdrawal as herein provided: Amounts on deposit in the right Funding Account in respect of Net Principal Collections may be withdrawn on each Deposit Date and (1) paid to the Issuer in payment for Additional Loans by the deposit of such amount to the Collection Account and (2) at the end of the Trustee(sFunding Period any amounts remaining in the Funding Account after the with drawal called for by clause (1) shall be deposited in the Payment Account to revoke be included in the same payment of principal on the Payment Date that is the last day of the Funding Period. (i) Any investment in whole or the institution with which the Funding Account is maintained may mature on such Payment Date and (ii) any other investment may mature on such Payment Date if the Indenture Trustee shall advance funds on such Payment Date to the Funding Account in part bythe amount payable on such investment on such Payment Date, and pending receipt thereof to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union necessary to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears make distributions on the Account, withdrawals Notes and the pledge Certificates) and shall not be sold or disposed of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and prior to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trusteematurity.

Appears in 1 contract

Samples: Indenture (Long Beach Securities Corp)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You If we are asked to the Credit Union is in open or provided services to a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right we may require any grantor or any trustee of the Trustee(s) trust to revoke the same in whole provide to us a summary or in part bymemorandum of trust, and to the extent ofa trust certificate, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than oneother agreement, upon the death of the last surviving Trustee)certificate, the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans document or instrument as we may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death statusdeem necessary or appropriate, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is of which may include an indemnification agreement in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case favor of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. All persons associated with the trust agree that we will not be liable to them in connection with opening or maintaining the trust Account based on the information provided in the trust documents furnished to us. The trust Account will be owned by the trust and managed by the trustee. We will not act as a trustee nor are we under any obligation to investigate the duties or powers of any trustee. We may rely on the direction of any one trustee with regard to any transaction or instruction and we reserve the right to require the written consent of all trustees. The trustee agrees to notify us in writing of any changes in the terms and provisions governing the trust or any changes in trustee. We may rely on the instructions of any trustee until we have actual knowledge (and a reasonable opportunity to act on that knowledge) that the trust has been modified, revoked or terminated or a trustee has resigned or been removed. The trust and the trustee agree to hold us harmless from any liability, claim, damage or loss resulting from any act or failure to act by the trustee or any former trustee. Deposits to Your Account and Instruments Paid or Cashed: Funds may be deposited to any Account in any manner that is acceptable to us. Endorsements: You authorize us, at our discretion, to accept transfers, Checks and other items made payable to you for deposit into your Account, whether or not you have endorsed the Check or other item. You authorize us to supply any missing endorsements for you and further agree to endorse all items pursuant to any Applicable Law. Substitute Checks: A substitute Check is a paper reproduction of an original Check that conforms to the requirements of the Check Clearing for the 21st Century Act, commonly referred to as the “Check 21 Act.” You agree not to deposit any substitute Check or similar item that you have created, or for which no financial institution has provided any substitute check warranties and indemnity. If at you do so, you agree to indemnify us for all losses we incur in connection with the substitute Check or item. We may pay any timesubstitute Check, even if there is an error or defect that occurs in the Trustee is deemed incompetent by a court creation or transmission of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trusteesubstitute Check.

Appears in 1 contract

Samples: Membership and Account Agreement

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-non- profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 1 contract

Samples: Arbitration Provision

Trust Accounts. A Certification of Trust Accounts will only is required to establish a Trust account. An existing member account may not be opened by converted into a Trust account; a separate account in the Credit Union if name of the Trust documentation presented by You trust must be established. Trustees agree to conform to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member bylaws of the Credit Union and agree to the terms, conditions and fee schedules established and amended by the Credit Union from time to time. Trust Accounts shall be subject to withdrawal or receipt by any withdrawal of Trust Account funds will be deemed a revocation one of the Trust Trustees and payment to any of them shall be valid and shall discharge the extent Credit Union from any liability for such payment. Each of the Trustees is authorized to access the accounts by any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time means approved by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If Any or all of the Trustees may borrow from the Credit Union, guarantee debts of others made by the Credit Union, and pledge all or any part of the account as collateral security for a loan or loans with the Credit Union, and each warrants that such transactions are permitted under the governing Trust documents. Any Trustee may access any credit line loan established with this account through any access means made available by the Credit Union. The Trustees agree that the Credit Union is authorized to charge at any timetime against the trust account any indebtedness owing to the Credit Union by the Trust. Trustee(s) warrant that each account he or she establishes and maintains in the Credit Union is wholly consistent with the governing Trust document. The Trust and the Trustees release South Florida Educational Federal Credit Union, its officers, directors, and employees from any and all liability or claim for loss of funds resulting from any transaction initiated by or through any named Trustee or any successor Trustee (whether or not named in the Trustee is deemed incompetent by a court Certification of legal jurisdiction Trust). The Credit Union shall not be responsible for the validity, existence or is unable or unwilling to serve, legality of the Trust documentation nor shall determine it be required to validate the authority of any Trustee to transact business as set forth above. The Trustee(s) hereby agree to indemnify, defend, and hold the Credit Union harmless from any and all claims, suits, actions, damages, judgments, costs, charges and expenses, including court costs and attorneys’ fees, against any and all liability, loss and damage of any nature whatsoever that the Credit Union shall or may sustain resulting from the establishment, maintenance and transaction of any business related to the Trust account(s) established pursuant to the Trust Membership Application and Agreement. The Trustee(s) agree to pay any necessary expenses, attorneys’ fees or costs in the enforcement of an Indemnification and Hold Harmless Agreement. Trustee(s) agree that the Credit Union shall be notified if there is any change in the Trustee(s). Any change shall be effective as to the Credit Union only after it is received in writing by the Credit Union at its business office with reasonable time to act upon such notice. Trustee(s) agree that the Credit Union shall be notified of any change in address of any of the persons who are Trustee(s). The Credit Union shall have discretion in how it determines the identity of any person claiming to be a Trustee. Such determination shall be binding on the Trust, Grantor(s), Trustor(s), Settlor(s), Trustee(s) and any successor TrusteeTrustee(s). The Credit Union may require that any or all disbursement(s) shall be made payable to any one or more of the Trustee(s).

Appears in 1 contract

Samples: Membership and Account Agreement

Trust Accounts. Trust Accounts will only be opened (a) On or prior to the Closing Date, the Issuer shall cause the Indenture Trustee to establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Certificate Paying Agent, on behalf of the Certificateholders and the Credit Enhancer, the Payment Account as provided in Section 3.01 of this Indenture. (b) All monies deposited from time to time in the Payment Account pursuant to the Servicing Agreement and all deposits therein pursuant to this Indenture are for the benefit of the Noteholders and the Certificate Paying Agent, on behalf of the Certificateholders and all investments made with such monies including all income or other gain from such investments are for the benefit of the Master Servicer as provided by the Credit Union if Servicing Agreement. On each Payment Date during the Trust documentation presented by You Funding Period the Indenture Trustee shall withdraw Net Principal Collections from the Payment Account and deposit Net Principal Collections to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Funding Account. We require On each Payment Date, the Indenture Trustee shall distribute all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid amounts on deposit in the Payment Account (after giving effect to the withdrawal referred to in the preceding paragraph) to Noteholders in respect of the Notes and in its capacity as Certificate Paying Agent to Certificateholders in the order of priority set forth in Section 3.05 (except as otherwise provided in Section 5.04(b). The Master Servicer may direct the Indenture Trustee to invest any funds in the Payment Account in Eligible Investments maturing no later than the Business Day preceding each Payment Date and shall not be sold or disposed of prior to the maturity. Unless otherwise instructed by the Master Servicer, the Indenture Trustee shall invest all funds in the Payment Account in Eligible Investments. (c) On or before the Closing Date the Issuer shall open, at the Corporate Trust Office, an account which shall be the "Funding Account". The Master Servicer may direct the Indenture Trustee to invest any funds in the Funding Account in Eligible Investments maturing no later than the Business Day preceding each Payment Date and shall not be sold or disposed of prior to the maturity. Unless otherwise instructed by the Master Servicer, the Indenture Trustee shall invest all funds in the Funding Account in its Corporate Trust Short Term Investment Fund so long as it is an Eligible Investment. During the Funding Period, any amounts received by the Indenture Trustee in respect of Net Principal Collections for deposit in the Funding Account, together with any Eligible Investments in which such monies are or will be invested or reinvested during the term of the Notes, shall be held by the Trustee(s) Indenture Trustee in trust for the beneficiary(ies) namedFunding Account as part of the Trust Estate, subject to disbursement and withdrawal as herein provided. Amounts on deposit in the right Funding Account in respect of Net Principal Collections may be withdrawn on each Deposit Date and (1) paid to the Issuer in payment for Additional Loans by the deposit of such amount to the Collection Account and (2) at the end of the Trustee(sFunding Period any amounts remaining in the Funding Account after the withdrawal called for by clause (1) shall be deposited in the Payment Account to revoke be included in the same payment of principal on the Payment Date that is the last day of the Funding Period. (i) Any investment in whole or the institution with which the Funding Account is maintained may mature on such Payment Date and (ii) any other investment may mature on such Payment Date if the Indenture Trustee shall advance funds on such Payment Date to the Funding Account in part bythe amount payable on such investment on such Payment Date, and pending receipt thereof to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union necessary to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears make distributions on the Account, withdrawals Notes and the pledge Certificates) and shall not be sold or disposed of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and prior to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trusteematurity.

Appears in 1 contract

Samples: Indenture (Structured Asset Mortgage Investments Ii Inc)

Trust Accounts. The Indenture Trustee shall establish and maintain, or cause to be established and maintained, (i) the Trust Accounts, each of which shall be an Eligible Account, for the benefit of the Secured Parties (other than the Expense Reserve Account which is for the benefit of the Indenture Trustee and the MSR Valuation Agent), (ii) an Expense Reserve Account, which shall be an Eligible Account, for the benefit of the Indenture Trustee and the MSR Valuation Agent, and (iii) a Credit Manager Expense Reserve Account, which shall be an Eligible Account in the name of the Indenture Trustee, for the benefit of the Credit Manager. All amounts held in the Trust Accounts will only and the Credit Manager Expense Reserve Account shall, to the extent permitted by this Base Indenture and applicable laws, rules and regulations, be opened invested in Permitted Investments by the depository institution or trust company then maintaining such Trust Account or the Credit Union if Manager Expense Reserve Account only upon written direction of the Administrator to the Indenture Trustee, provided that all such investments must be payable on demand or mature no later than the next Interim Payment Date or Payment Date, and shall not be sold or disposed of prior to their maturity; provided, however, that in the event the Administrator fails to provide such written direction to the Indenture Trustee, and until the Administrator provides such written direction, the Indenture Trustee shall not invest funds on deposit in any Trust Account or the Credit Manager Expense Reserve Account. Investments held in Permitted Investments in the Trust documentation presented by You Accounts or the Credit Manager Expense Reserve Account, as applicable, shall not be sold or disposed of prior to their maturity, which maturity shall be not less than two (2) Business Days prior to the Credit Union is in a manner acceptable to Our underwriting policiesapplicable date of disbursement (unless an Event of Default has occurred). It is Your responsibility to determine and understand any legal effects related to this type The taxpayer identification number associated with each of Account. We require all the Trust Accounts to name a beneficiary. You agree that all sumsor the Credit Manager Expense Reserve Account, whenever paid to the Trust Accountas applicable, shall be that of the Issuer, and the Issuer shall report for federal, state and local income tax purposes the portion of the income, if any, earned on funds in each relevant Trust Account or the Credit Manager Expense Reserve Account, as applicable. The Administrator hereby acknowledges that all amounts on deposit in each Trust Account (excluding investment earnings on deposit in the Trust Accounts) are held in trust by the Trustee(s) in trust Indenture Trustee for the beneficiary(ies) namedbenefit of the Secured Parties, subject to the right any express rights of the Trustee(s) to revoke the same in whole or in part byIssuer set forth herein, and shall remain at all times during the term of this Base Indenture under the sole dominion and control of the Indenture Trustee. The Administrator hereby acknowledges that all amounts on deposit in the Credit Manager Expense Reserve Account (excluding investment earnings on deposit in the Credit Manager Expense Reserve Account) are held in trust by the Indenture Trustee for the benefit of the Credit Manager and shall remain at all times during the term of this Base Indenture under the sole dominion and control of the Indenture Trustee. So long as the Indenture Trustee complies with the provisions of this Section 4.1, the Indenture Trustee shall not be liable for the selection of investments or for investment losses incurred thereon by reason of investment performance, liquidation prior to stated maturity or otherwise in any Trust Account or the Credit Manager Expense Reserve Account. So long as the Indenture Trustee complies with the provisions of this Section 4.1, the Indenture Trustee shall have no liability in respect of losses incurred in any Trust Account or the Credit Manager Expense Reserve Account as a result of the liquidation of any investment prior to its stated maturity or the failure to be provided with timely written investment direction. In order to comply with the laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions, including, those relating to the extent offunding of terrorist activities and money laundering, the withdrawal of sums from the Account. Upon the death including Section 326 of the Trustee (or if more than one, upon the death USA Patriot Act of the last surviving TrusteeUnited States (“Applicable Law”), the balance remaining in Indenture Trustee is required to obtain, verify, record and update certain information relating to individuals and entities which maintain a business relationship with the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Indenture Trustee. In the event of conflicting demands for funds under the AccountAccordingly, the Credit Union may require the signatures of each of the Trusteesparties agrees to provide to the Indenture Trustee upon its request from time to time such identifying information and documentation as may be available for such party in order to enable the Indenture Trustee to comply with Applicable Law. For Revocable All parties to this Base Indenture agree, and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member each Noteholder of each Series by its acceptance of the Credit Union and any withdrawal of Trust Account funds related Note will be deemed a revocation to have agreed, that such Noteholder shall have no claim or interest in the amounts on deposit in any Trust Account created under this Base Indenture or any related Indenture Supplement related to an unrelated Series except as expressly provided herein or therein. The Indenture Trustee or its Affiliates are permitted to receive additional compensation that could be deemed to be for the Indenture Trustee’s economic self-interest for (a) serving as investment adviser, administrator, shareholder and/or servicing agent with respect to certain of the Permitted Investments, (b) using Affiliates to effect transactions in certain Permitted Investments and (c) effecting transactions in certain Permitted Investments. Such compensation is not payable or reimbursable under this Base Indenture. The State of New York is the Securities Intermediary’s jurisdiction for purposes of the UCC, and the laws of the State of New York are applicable to all issues specified in Article 2(1) of the Hague Securities Convention. This Base Indenture is the only “account agreement” in respect of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor TrusteeAccounts.

Appears in 1 contract

Samples: Base Indenture (loanDepot, Inc.)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiaryBeneficiary. You agree that all sums, sums whenever paid to the Trust Account, Account shall be held by the Trustee(s) in trust for the beneficiary(iesBeneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee Trustee, (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary Beneficiary or, if there is more than one beneficiaryBeneficiary, then to the beneficiaries Beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and and, any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary or Trustees at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 1 contract

Samples: Membership Agreements

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, ; whenever paid to the Trust Account, ; shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or or, if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and and, any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-payable on death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 1 contract

Samples: Membership Agreements

Trust Accounts. Trust Accounts will only be opened by The following rules govern trust accounts: a. A lawfully created trust may establish an account at the Credit Union if under certain criteria. A lawfully created trust is a trust which has been lawfully created in the Trust documentation presented United States pursuant to a written trust agreement executed by You the grantor or settlor in which persons or entities have been designated to serve as Trustee(s) and administer the trust by exercising the powers and authority described in the trust agreement. If the trust is designated as revocable, all of the grantors or settlors of the trust must be current members of the Credit Union Union, or otherwise be within the field- of-membership and eligible to become members. If the trust is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine revocable and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right some of the Trustee(sgrantor(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures settlor(s) are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member not members of the Credit Union or are otherwise within the field-of- membership and any withdrawal of Trust Account funds will be deemed a revocation of eligible to become members, then the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary trust cannot establish an account at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If the trust is designated as irrevocable, either (a) all of the grantor(s) or settlor(s) of the trust must be current members of the Credit Union, or otherwise be within the field-of membership and eligible to become members, or (b) all of the trust beneficiaries must be current members of the Credit Union. If the trust is irrevocable and all of the grantor(s) or settlor(s) are not current members of the Credit Union, or otherwise within the field-of-membership and eligible to become members, or all of the beneficiaries are not members of the Credit Union, then the trust cannot establish an account at the Credit Union. b. The Credit Union does not have a trust department. Therefore, the Credit Union cannot act as a trustee of any shares held in a trust account, nor is the Credit Union obligated to perform any administrative duties specific to a trust. You understand and agree that the Credit Union is not bound by and may disregard any specific provisions of a trust which impose any duties, restrictions or other obligations upon the Credit Union, regardless of whether the Credit Union has received a copy of the trust agreement. The Credit Union reserves the right to close any trust account at any timetime without prior notice by remitting the funds on deposit to the last known trustee(s).‌ c. Any individual trustee may act for the trust and may instruct us regarding transactions and any other account matters. Each trustee guarantees the signature(s) of all other trustee(s). Any single trustee may individually withdraw any or all funds, stop payment on items, order checks, or engage in any other activity concerning the account without the consent of the other trustee(s). In each such case, the Trustee act of any single trustee is deemed incompetent by a court binding upon the trust and all of legal jurisdiction or is unable or unwilling the other trustee(s). We have no duty to serve, the Trust documentation shall determine the successor Trusteenotify any other trustee(s) about any transactions. Xxxxx-xxxxxx account transfers may be made on accounts with an exact match of trustees and account ownership.

Appears in 1 contract

Samples: Membership and Account Agreement

Trust Accounts. (a) The Trustee shall establish and maintain with respect to each Sub-Trust (i) a collection account (each, a "Collection Account") and (ii) such other Trust Accounts will only as are specified in a related Supplement or Administration Agreement. Except as otherwise provided in a related Supplement or Administration Agreement, each of such Trust Accounts shall be opened by a segregated trust account established and maintained with the Credit Union if Trustee or the Trust documentation presented by You to Agent in the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type name of Account. We require all Trust Accounts to name a beneficiary. You agree the Trustee, provided that all sums, whenever paid to the Trustee or the Trust AccountAgent, as the case may be, maintains the Required Deposit Rating. Except as otherwise provided in this Agreement, the other Trust Documents and any applicable Securitized Financing Documents, none of the Grantors, the Administrative Agent, the Beneficiaries, any Special Purpose Affiliate or any Holder shall have any right to withdraw funds from any Trust Account without the express written consent of the Trustee; provided, however, that the Trustee, with the express written consent of the Related Beneficiary or a Special Purpose Affiliate (if applicable), shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject so consent as to the right of the Trustee(s) to revoke the same in whole or in part by, and each Trust Account to the extent ofprovided for in any Supplement, Administration Supplement or related Securitized Financing Documents. The Trustee may authorize the Related Beneficiary, any Special Purpose Affiliate (if applicable) or any Administrative Agent to make deposits into and disbursements from any Trust Account in accordance with the terms and provisions of this Agreement, the withdrawal other Trust Documents and any related Securitized Financing Documents. All amounts held in the Trust Accounts shall be invested by the Trustee at the direction of sums the Administrative Agent in Permitted Investments until distributed or otherwise applied in accordance with this Agreement, the other Trust Documents or any related Securitized Financing Documents. Except as otherwise provided herein or in a related Supplement or Administration Agreement, all earnings from the investment of monies in a Trust Account shall be deposited upon receipt into such Trust Account and any Loss on such investment shall be charged to such Trust Account. Upon If the death Trustee or the Trust Agent, as the case may be, at any time does not have the Required Deposit Rating, the Administrative Agent shall, with the assistance of the Trustee or the Trust Agent, as necessary, cause the related Trust Account to be moved to a depository institution or trust company that (or if more than one, upon i) is organized under the death laws of the last surviving Trustee), United States or any State and (ii) has the balance remaining in the Required Deposit Rating. (b) Each SUBI Account shall be distributed by the Credit Union relate solely to the beneficiary or, if there is more than one beneficiary, then related SUBI and each UTI Account shall relate solely to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the AccountUTI, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will therein shall not be deemed a revocation of the Trust to the extent of commingled with any such withdrawal unless other monies, except as otherwise provided for or contemplated in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization)this Agreement, the other Trust is terminatedDocuments or any applicable Securitized Financing Documents. The Settlor may change the Beneficiary at any time Trustee shall account for and record separately all amounts received by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling relating to serve, each Trust Account from the Related Trust documentation shall determine the successor TrusteeAssets and proceeds relating thereto.

Appears in 1 contract

Samples: Trust Agreement (Ryder Truck Rental I Lp)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payablePayable-onOn-death Death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.profit

Appears in 1 contract

Samples: Membership Agreements

Trust Accounts. Trust Accounts will only be opened by The following rules govern trust accounts: a. A lawfully created trust may establish an account at the Credit Union if under certain criteria. A lawfully created trust is a trust which has been lawfully created in the United States pursuant to a written trust agreement executed by the Grantor/Settlor in which persons or entities have been designated to serve as Trustee(s) and administer the Trust documentation presented by You to exercising the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine powers and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining authority described in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentationtrust agreement. If the Account Designation shows a payable-on-death statustrust is designated as revocable, any Beneficiary has rights to all of the Account: (aSettlor(s)/ Grantor(s) if of the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case trust must be current members of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If the trust is revocable and some of the Settlor(s)/ Grantor(s) are not members of the Credit Union, the trust cannot be established at the Credit Union. If the trust is designated as irrevocable, either all of the Settlor(s)/ Grantor(s) of the trust or all of the trust beneficiaries must be current members of the Credit Union. If the trust is irrevocable and either all of the Settlor(s)/Grantor(s) or all of the beneficiaries are not members of the Credit Union, the trust cannot be established at the Credit Union. b. The Credit Union does not have a trust department.Therefore, the Credit Union cannot act as a Trustee of any shares held in a trust account, nor is the Credit Union obligated to perform any administrative duties specific to a xxxxx.Xxx understand and agree that the Credit Union is not bound by and may ignore any specific provisions of a trust which impose any duties, restrictions or other obligations upon the Credit Union, regardless of whether the Credit Union has received a copy of the trust.The Credit Union reserves the right to close any trust account at any timetime without prior notice by remitting the funds on deposit to the last known trustees. c. Any individual trustee may act for the trust and may instruct us regarding transactions and any other account matters. Each trustee guarantees the signature(s) of all other trustee(s). Any single trustee may individually withdraw any or all funds, stop payment on items, order checks, or engage in any other activity concerning the account without the consent of the other trustee(s). In each such case, the Trustee act of any single trustee is deemed incompetent by a court binding upon the trust and all of legal jurisdiction or is unable or unwilling the other trustee(s).We have no duty to serve, the Trust documentation shall determine the successor Trusteenotify any other trustee(s) about any transactions. Cross-member account transfers may be made in person on trust accounts.

Appears in 1 contract

Samples: Membership and Account Agreement

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the he Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the he extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the he signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of within the Credit Union Union's field of membership as outlined in the Credit Union's Charter and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If For Irrevocable Living Trust Accounts, all Settlors or all beneficiary(ies) named must be within the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation Credit Union's field of membership as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (outlined in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminatedCredit Union's Charter. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 1 contract

Samples: Membership Agreements

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-payable on death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.registered

Appears in 1 contract

Samples: Membership Agreements

Trust Accounts. (a) On or prior to the Closing Date, the Indenture Trustee shall establish and maintain, in the name of the Indenture Trustee, for the benefit of the Noteholders and the Equity Certificateholder, the Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is as provided in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right Section 7.01 of the Trustee(sPooling and Servicing Agreement. (b) The Indenture Trustee agrees that if it does not act as Securities Intermediary with respect to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable Trust Accounts and Living does not have control of the Trust Accounts as set forth in Section 8-106(e) of the UCC, then notwithstanding anything else contained herein, the Indenture Trustee agrees that with respect to each of the Trust Accounts, the individual Indenture Trustee will cause each Securities Intermediary establishing such Trust Accounts to enter into an agreement whereby each such Securities Intermediary agrees that it will (i) comply with Entitlement Orders relating to such Trust Account issued by the Indenture Trustee without further consent by the Issuer; (ii) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (iii) treat each item of property credited to such Trust Account as a Financial Asset; (iv) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the name of, or payable to the order of, or specially indorsed to, any person other than the Securities Intermediary unless it has been indorsed to such Securities Intermediary or is indorsed in blank and (v) such Securities Intermediary has agreed that it will waive any right of set-off unrelated to its fees for such Trust Account. The Indenture Trustee agrees to act as Securities Intermediary with respect to each Trust Account, and will (i) credit all Trust Account Property or Eligible Investments to the applicable Trust Account; (ii) treat each item of property credited to such Trust Account as a Financial Asset; (iii) not accept for credit to any Trust Account any Trust Account Property or Eligible Investment which is registered in the name of, or payable to the order of, or specially indorsed to, any person other than it unless it has been indorsed to it or is indorsed in blank; and (iv) waive any right of set-off unrelated to its fees for such Trust Account. For purposes of this Indenture the parties hereto agree that the "Settlor") must be a member securities intermediary's jurisdiction" (for purposes of the Credit Union UCC) shall be the State of New York. (c) On or before each Payment Date, all amounts required to be disbursed to the Indenture Trustee with respect to the preceding Collection Period pursuant to Section 7.05 of the Pooling and any withdrawal of Trust Account funds Servicing Agreement will be deemed a revocation transferred from the Collection Account, and/or the Cash Collateral Account and deposited by the Indenture Trustee upon receipt to the Note Distribution Account. (d) On each Payment Date, the Indenture Trustee shall distribute all amounts on deposit in the Note Distribution Account to Noteholders in respect of the Trust Notes to the extent of any such withdrawal unless otherwise provided amounts due and unpaid on the Notes for principal and interest in the Trust documentation. If the Account Designation shows a payable-on-death statusorder and priority set forth in Section 7.05(b) or (c), any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case may be, of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor TrusteePooling and Servicing Agreement.

Appears in 1 contract

Samples: Indenture (CIT Equipment Collateral 2005-Vt1)

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiaryBeneficiary. You agree that all sums, sums whenever paid to the Trust Account, Account shall be held by the Trustee(s) in trust for the beneficiary(iesBeneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee Trustee, (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary Beneficiary or, if there is more than one beneficiaryBeneficiary, then to the beneficiaries Beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and and, any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.to

Appears in 1 contract

Samples: Membership Agreements

Trust Accounts. If We elect to open a Trust Account, You acknowledge and agree that such Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require all Trust Accounts to name a beneficiary. You agree that all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-payable on death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 1 contract

Samples: Membership Agreements

Trust Accounts. Trust Accounts If we are asked to open an Account for, or provide services to, a trust, we may require any settlor or any trustee of the trust to provide to us a summary or memorandum of trust, a trust certificate, or other agreement, certificate, document or instrument as we may deem necessary or appropriate, any of which may include an indemnification agreement in favor of us. All persons associated with the trust agree that we will only not be opened liable to them in connection with opening or maintaining the trust Account based on the information provided in the trust documents furnished to us. The trust Account will be owned by the Credit Union if trust and managed by the Trust documentation presented trustee. We will not act as a trustee nor are we under any obligation to investigate the duties or powers of any trustee. We may rely on the direction of any one trustee with regard to any transaction or instruction and we reserve the right to require the written consent of all trustees. The trustee agrees to notify us in writing of any changes in the terms and provisions governing the trust or any changes in trustee. We may rely on the instructions of any trustee until we have actual knowledge (and a reasonable opportunity to act on that knowledge) that the trust has been modified, revoked or terminated or a trustee has resigned or been removed. The trust and the trustee agree to hold us harmless from any liability, claim, damage or loss resulting from any act or failure to act by You the trustee or any former trustee. Deposits to the Credit Union Your Account and Instruments Paid or Cashed: Funds may be deposited to any Account in any manner that is in a manner acceptable to Our underwriting policiesus. It is Your responsibility You will not deposit proceeds of activities which are not permitted under Applicable Law. All deposits accepted by us are subject to determine and understand any legal effects verification. You should retain a copy of your receipt or other documentation that evidences your deposit. If you claim that a deposit was not properly credited to your Account, we may ask you to show us your receipt or other documentation that evidences your deposit. We reserve the right to make adjustments to your Account upon verification of your deposit or for computational or other errors related to this type of your Account. We require all Trust Accounts Indorsements: You authorize us, at our discretion, to name a beneficiaryaccept transfers, Checks and other credits made payable to you for deposit into your Account, whether or not you have indorsed the Check or other credit. You authorize us to supply any missing indorsements for you and further agree that to indorse all sums, whenever paid to the Trust Account, shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are required). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong credits pursuant to any surviving TrusteeApplicable Law. In the event Deposit of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable a check payable to you and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and any withdrawal of Trust Account funds deposited into your account will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-profit organization is in operation as a validly constituted, registered and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered and/or licensed entity under applicable state law (in the case of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time have been indorsed by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trusteeyou.

Appears in 1 contract

Samples: Membership and Account Agreement

Trust Accounts. Trust Accounts will only be opened by the Credit Union if the Trust documentation presented by You to the Credit Union is in a manner acceptable to Our underwriting policies. It is Your responsibility to determine and understand any legal effects related to this type of Account. We require the Trust Agreement for all Trust Accounts to name a beneficiary. You agree that all sums, sums whenever paid to the Trust Account, Account shall be held by the Trustee(s) in trust for the beneficiary(ies) named, subject to the right of the Trustee(s) to revoke the same in whole or in part by, and to the extent of, the withdrawal of sums from the Account. Upon the death of the Trustee (or if more than one, upon the death of the last surviving Trustee), the balance remaining in the Account shall be distributed by the Credit Union pursuant to the beneficiary or, if there is more than one beneficiary, then to the beneficiaries then living in equal shares unless otherwise instructions designated in the Trust documentation. Where more than one Trustee appears on the Account, withdrawals and the pledge of shares against loans may be made by any Trustee acting alone (unless two signatures are requiredthe Trust documentation requires otherwise). Shares paid in by the Trustees shall be owned equally. Upon the death of one Trustee, all rights in and to the Account shall belong to any surviving Trustee. In the event of conflicting demands for funds under the Account, the Credit Union may require the signatures of each of the Trustees. For Revocable and Living Trust Accounts, the individual establishing the Trust (the "Settlor") must be a member of the Credit Union and and, any withdrawal of Trust Account funds will be deemed a revocation of the Trust to the extent of any such withdrawal unless otherwise provided for in the Trust documentation. If the Account Designation shows a payable-payable- on-death status, any Beneficiary has rights to the Account: (a) if the Beneficiary is a natural person, only if the Beneficiary is alive and only if the Settlor is deceased; (b) if the Beneficiary is a charity or other non-profit organization, only if the charity or non-non- profit organization is in operation as a validly constituted, registered registered, and/or licensed entity under applicable state law, and only if the Settlor is deceased. If the Beneficiary dies (in the case of a natural person), or is no longer in operation as a validly constituted, registered registered, and/or licensed entity under applicable state law (in the case ACCOUNT AGREEMENT (continued) of a charity or non-profit organization), the Trust is terminated. The Settlor may change the Beneficiary at any time by providing Us adequate proof of such change in a manner acceptable to the Credit Union. If at any time, the Trustee is deemed incompetent by a court of legal jurisdiction or is unable or unwilling to serve, the Trust documentation shall determine the successor Trustee.

Appears in 1 contract

Samples: Membership Agreements

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