Common use of Upon Issuer Order Clause in Contracts

Upon Issuer Order. all or a portion of the Cash Collateral Account shall be invested and reinvested at the Issuer's written direction in one or more Eligible Investments. In the absence of an Issuer Order, the Indenture Trustee shall invest funds in the Cash Collateral Account in Eligible Investments described in clause (g) of the definition thereof. Eligible Investments shall be made in the name of the Indenture Trustee for the benefit of the relevant Noteholders and the Note Insurer. All income or other gain from such investments shall be credited to such Cash Collateral Account and any loss resulting from such investments shall be charged to such Cash Collateral Account; provided, that the Issuer shall make or cause to be made on any Determination Date a deposit to the Cash Collateral Account to the extent of any losses therein caused as a result of the Issuer's investment instructions. No Eligible Investment shall mature later than the Business Day preceding the next following Determination Date and shall not be sold or disposed of prior to its maturity. The Indenture Trustee shall provide to the Servicer and the Note Insurer monthly written confirmation of such investments, describing the Eligible Investments in which such amounts have been invested. Any funds not so invested must be insured by the Federal Deposit Insurance Corporation.

Appears in 2 contracts

Samples: Indenture (Microfinancial Inc), Indenture (Microfinancial Inc)

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Upon Issuer Order. the Indenture Trustee shall invest the funds in the Collection Account in Eligible Investments; provided, that all monies on deposit in the Collection Account pursuant to Section 12.02(a)(iii) hereof shall remain uninvested. The Issuer Order shall specify the Eligible Investments in which the Indenture Trustee shall invest, shall state that the same are Eligible Investments and shall further specify the percentage of funds to be invested in each Eligible Investment. No such Eligible Investment shall mature later than the second Business Day preceding the next following Payment Date and shall not be sold or a portion disposed of prior to its maturity; provided that Eligible Investments of the Cash Collateral Account shall be invested and reinvested at type described in clause (a) of the Issuer's written direction in one or more definition of Eligible InvestmentsInvestments may mature on the Business Day immediately preceding such Payment Date. In the absence of an Issuer Order, the Indenture Trustee shall invest funds in the Cash Collateral Collection Account in Eligible Investments described in clause (g) of the definition thereof. Eligible Investments shall be made in the name of the Indenture Trustee for the benefit of the relevant Noteholders and the Note Insurer. All income or other gain from such investments shall be credited to such Cash Collateral Account and any loss resulting from such investments shall be charged to such Cash Collateral Account; provided, that the Issuer shall make or cause to be made on any Determination Date a deposit to the Cash Collateral Account to the extent of any losses therein caused as a result of the Issuer's investment instructions. No Eligible Investment shall mature later than the Business Day preceding the next following Determination Date and shall not be sold or disposed of prior to its maturity. The Indenture Trustee shall provide to the Servicer and the Note Insurer monthly written confirmation of such investments, describing the Eligible Investments in which such amounts have been invested. Any funds not so invested must be insured by the Federal Deposit Insurance Corporation.

Appears in 1 contract

Samples: Indenture (Microfinancial Inc)

Upon Issuer Order. all or a portion of the Cash Collateral Account shall be invested and reinvested at the Issuer's written direction in one or more Eligible Investments. In the absence of an Issuer Order, the Indenture Trustee shall invest funds in the Cash Collateral Account in Eligible Investments described in clause (g) of the definition thereof. Eligible Investments shall be made in the name of the Indenture Trustee for the benefit of the relevant Noteholders and the Note InsurerNoteholders. All income or other gain from such investments shall be credited to such Cash Collateral Account and any loss resulting from such investments shall be charged to such Cash Collateral Account; provided, that the Issuer shall make or cause to be made on any Determination Date a deposit to the Cash Collateral Account to the extent of any losses therein caused as a result of the Issuer's investment instructions. No Eligible Investment shall mature later than the Business Day preceding the next following Determination Date and shall not be sold or disposed of prior to its maturity. The Indenture Trustee shall provide to the Servicer and the Note Insurer monthly written confirmation of such investments, describing the Eligible Investments in which such amounts have been invested. Any funds not so invested must be insured by the Federal Deposit Insurance Corporation.

Appears in 1 contract

Samples: Indenture (Microfinancial Inc)

Upon Issuer Order. all or a portion of the Cash Collateral Trustee shall invest the funds in the Collection Account in Eligible Investments. The Issuer Order shall specify the Eligible Investments in which such amounts shall be invested, shall state that the same are Eligible Investments and shall further specify the percentage of funds to be invested in each Eligible Investment. No such Eligible Investment shall mature later than the second Business Day preceding the next following Payment Date and reinvested at the Issuer's written direction in one shall not be sold or more Eligible Investmentsdisposed of prior to its maturity. In the absence of an Issuer Order, the Indenture Trustee shall invest funds in the Cash Collateral Collection Account in Eligible Investments described in clause (gvi) of the definition thereof. Eligible Investments shall be made in the name of the Indenture Trustee for the benefit of the relevant Noteholders Noteholders. The Trustee shall have no responsibility for verifying that any investments directed by the Issuer are Eligible Investments. Anything to the contrary notwithstanding, the Trustee shall be entitled to invest funds in the Collection Account in Eligible Investments on the second Business Day preceding each Payment Date and shall be entitled to the Note Insurer. All income or other and gain from such investments shall be credited to Eligible Investments for its one-day investment; such Cash Collateral Account and any loss resulting from such investments shall be charged to such Cash Collateral Account; provided, that the Issuer shall make or cause to be made on any Determination Date a deposit to the Cash Collateral Account to the extent of any losses therein caused as a result of the Issuer's investment instructions. No Eligible Investment Investments shall mature not later than the Business Day preceding the next following Determination Date and shall not be sold or disposed of prior to its maturity. The Indenture related Payment Date; the Trustee shall provide to the Servicer and the Note Insurer monthly written confirmation be liable for any loss incurred on account of such investments, describing the Eligible Investments in which such amounts have been invested. Any funds not so invested must be insured by the Federal Deposit Insurance Corporationinvestment.

Appears in 1 contract

Samples: Indenture (Trendwest Resorts Inc)

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Upon Issuer Order. all or a portion of the Cash Collateral Account shall be invested and reinvested at the Issuer's written direction in one or more Eligible Investments. In the absence of an a Issuer Order, the Indenture Trustee shall invest funds Funds in the Cash Collateral Account in Eligible Investments described in clause (gvii) of the definition thereof. Eligible Investments shall be made in the name of the Indenture Trustee for the benefit of the relevant Noteholders and the Note Insurer. All income or other gain from such investments shall be credited to such Cash Collateral Account and any loss resulting from such investments shall be charged to such Cash Collateral Account; provided, however, that the Issuer shall make or cause to be made on any Determination Servicer Remittance Date a deposit to the Cash Collateral Account to the extent of any losses therein caused as a result of the Issuer's investment instructions. No Eligible Investment shall mature later than the Business Day preceding the next following Determination Servicer Remittance Date and shall not be sold or disposed of prior to its maturity. Eligible Investments shall be made in the name of the Indenture Trustee for the benefit of the Noteholders. The Indenture Trustee shall provide to the Servicer and the Note Bond Insurer monthly written confirmation of such investments, describing the Eligible Investments in which such amounts have been invested. Any funds not so invested must be insured by the Federal Deposit Insurance Corporation.

Appears in 1 contract

Samples: Indenture (T&w Financial Corp)

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