USA PATRIOT Act Compliance. Pursuant to applicable law, including the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, USA PATRIOT Act), the Financial Crimes Enforcement Network’s (FinCEN) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Law”), the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust or other legal entity, the Owner Trustee will ask for documentation to verify the entity’s formation and existence, its financial statements, licenses, tax identification documents, identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). To the fullest extent permitted by Applicable Law, the Owner Trustee may conclusively rely on, and shall be fully protected and indemnified in relying on, any such information received. Failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder, which, at the sole option of the Owner Trustee, may result in the Owner Trustee’s resignation in accordance with Section 10.02 of this Agreement. In the event of any change in beneficial ownership in the Trust (or any beneficial interest in that interest, regardless of form), such change shall be accompanied by IRS Form W-8BEN, W-8BEN-E, W-8 ECI or W-9, as applicable, and such other documentation as may be required by the Owner Trustee in order to comply with Applicable Law.
Appears in 29 contracts
Samples: Trust Agreement (Toyota Auto Receivables 2023-B Owner Trust), Trust Agreement (Toyota Auto Receivables 2023-B Owner Trust), Trust Agreement (Toyota Auto Receivables 2023-a Owner Trust)
USA PATRIOT Act Compliance. Pursuant to applicable law, including the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, USA PATRIOT Act), the Financial Crimes Enforcement Network’s (FinCEN) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Law”), the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust or other legal entity, the Owner Trustee will ask for documentation to verify the entity’s formation and existence, its financial statements, licenses, tax identification documents, identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). To the fullest extent permitted by Applicable Law, the Owner Trustee may conclusively rely on, and shall be fully protected and indemnified in relying on, any such information received. Failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder, which, at the sole option of the Owner Trustee, may result in the Owner Trustee’s resignation in accordance with Section 10.02 of this Agreement. In the event of any change in beneficial ownership in the Trust (or any beneficial interest in that interest, regardless of form), such change shall be accompanied by IRS Form W-8BEN, W-8BEN-EW-8 BEN, W-8 ECI or W-9, as applicable, and such other documentation as may be required by the Owner Trustee in order to comply with Applicable Law.
Appears in 4 contracts
Samples: Trust Agreement (Toyota Auto Receivables 2019-B Owner Trust), Trust Agreement (Toyota Auto Receivables 2019-B Owner Trust), Trust Agreement (Toyota Auto Receivables 2019-a Owner Trust)
USA PATRIOT Act Compliance. Pursuant to applicable lawTo help the government fight the funding of terrorism and money laundering activities, including the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, USA PATRIOT Act), the Financial Crimes Enforcement Network’s (FinCEN) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, closing and from time to time thereafter, thereafter documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust trust, or other legal entity, the Owner Trustee will ask for documentation to verify the entity’s its formation and existenceexistence as a legal entity, its financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). To The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, the Owner Trustee may conclusively rely on, and shall be fully protected and indemnified in relying on, any such information received. Failure , and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder, hereunder which, at the sole option of the Owner Trustee, may result in the immediate resignation of the Owner Trustee’s resignation , notwithstanding anything to the contrary in accordance with Section 10.02 of this Agreement. In The parties hereto agree for purposes of Applicable Anti-Money Laundering Law, (a) each Certificateholder owning twenty-five percent (25%) or more of the event of any change in beneficial ownership in the Trust (or any beneficial interest in that interest, regardless of form), such change the Issuer is and shall be accompanied by IRS Form W-8BEN, W-8BENdeemed to be the beneficial owners of the Issuer for purposes of providing the information required under Applicable Anti-E, W-8 ECI or W-9, as applicableMoney Laundering Law, and such other documentation as may (b) the Certificateholders are and shall be required by deemed to be the Owner Trustee in order party with the power and authority to comply with Applicable Lawcontrol the Issuer.
Appears in 4 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2021-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2021-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2020-a Owner Trust)
USA PATRIOT Act Compliance. Pursuant to applicable law(a) To help the government fight the funding of terrorism and money laundering activities, including the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, USA PATRIOT Act), the Financial Crimes Enforcement Network’s (“FinCEN”) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, closing and from time to time thereafter, thereafter documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust trust, or other legal entity, the Owner Trustee will ask for documentation to verify the entity’s its formation and existenceexistence as a legal entity, its financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). To The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, the Owner Trustee may conclusively rely on, and shall be fully protected and indemnified in relying on, any such information received. Failure , and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder, hereunder which, at the sole option of the Owner Trustee, may result in the resignation of the Owner Trustee’s resignation , in accordance with Section 10.02 the terms of this Agreement. In The parties hereto agree for purposes of Applicable Anti-Money Laundering Law, (a) each Certificateholder owning twenty-five percent (25%) or more of the event of any change in beneficial ownership in the Trust (or any beneficial interest in that interestthe Issuer is and shall be deemed to be the beneficial owners of the Issuer for purposes of providing the information required under Applicable Anti-Money Laundering Law, regardless of formand (b) the Certificateholders are and shall be deemed to be the party with the power and authority to control the Issuer.
(b) In addition to the Owner Trustee’s obligations under Applicable Anti-Money Laundering Law, the Corporate Transparency Act (31 U.S.C. § 5336) and its implementing regulations (collectively, the “CTA” and together with Applicable Anti-Money Laundering Law, “AML Law”), such change may require the Issuer to file reports with FinCEN after the date of this Agreement. It shall be accompanied by IRS Form W-8BENthe Depositor’s duty and not the Owner Trustee’s duty to cause the Issuer to make such filings and to cause the Issuer to comply with its obligations under the CTA, W-8BEN-Eif any.
(c) The parties hereto agree for purposes of AML Law the Certificateholders are and shall be deemed to be the sole direct beneficial owners of the Issuer, W-8 ECI or W-9, as applicable, and such other documentation as may be required by acknowledge that the Owner Trustee in order acts solely as a directed trustee at the direction of the Certificateholders, the Depositor, the Administrator and the Servicer hereunder and that one or more Controlling Parties of the Certificateholder are and shall be deemed to comply be the parties with Applicable Lawthe power and authority to exercise substantial control over the Issuer.
Appears in 4 contracts
Samples: Trust Agreement (Nissan Auto Receivables 2024-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2024-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2024-a Owner Trust)
USA PATRIOT Act Compliance. Pursuant to applicable law, including the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, USA PATRIOT Act), the Financial Crimes Enforcement Network’s (FinCEN) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Law”), the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust or other legal entity, the Owner Trustee will ask for documentation to verify the entity’s formation and existence, its financial statements, licenses, tax identification documents, identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). To the fullest extent permitted by Applicable Law, the Owner Trustee may conclusively rely on, and shall be fully protected and indemnified in relying on, any such information received. Failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder, which, at the sole option of the Owner Trustee, may result in the Owner Trustee’s resignation in accordance with Section 10.02 of this Agreement. In the event of any change in beneficial ownership in the Trust (or any beneficial interest in that interest, regardless of form), such change shall be accompanied by IRS Form W-8BENW-8 BEN, W-8BENW-8 BEN-E, W-8 ECI or W-9, as applicable, and such other documentation as may be required by the Owner Trustee in order to comply with Applicable Law.
Appears in 2 contracts
Samples: Trust Agreement (Toyota Auto Receivables 2019-C Owner Trust), Trust Agreement (Toyota Auto Receivables 2019-C Owner Trust)
USA PATRIOT Act Compliance. Pursuant to applicable lawTo help the government fight the funding of terrorism and money laundering activities, including the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the “USA PATRIOT Act”), the Financial Crimes Enforcement Network’s (FinCEN) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust trust, or other legal entity, the Owner Trustee will ask for documentation to verify the entity’s its formation and existenceexistence as a legal entity, its financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). To The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, the Owner Trustee may conclusively rely on, and shall be fully protected and indemnified in relying on, any such information received. Failure , and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder, hereunder which, at the sole option of the Owner Trustee, may result in the resignation of the Owner Trustee’s resignation , in accordance with Section 10.02 the terms of this Agreement. In The parties hereto agree for purposes of Applicable Anti-Money Laundering Law, (a) each Trust Certificateholder owning twenty-five percent (25%) or more of the event of any change in beneficial ownership interest in the Trust (or any beneficial interest in that interest, regardless of form), such change is and shall be accompanied deemed to be the beneficial owners of the Trust for purposes of providing the information required under Applicable Anti-Money Laundering Law, and (b) each such Trust Certificateholder is and shall be deemed to be the party with the power and authority to control the Trust. IN WITNESS WHEREOF, the parties hereto have caused this Amended and Restated Trust Agreement to be duly executed by IRS Form W-8BENtheir respective officers hereunto duly authorized, W-8BEN-E, W-8 ECI or W-9as of the day and year first above written. as Depositor By: Name: Title: as Owner Trustee By: Name: Title: Acknowledged with respect to Sections 3.09 and 5.01(a): By: Name: Title: Each of the Servicer and the Administrative Agent agrees to undertake to perform each of its duties as Servicer and Administrative Agent, as applicable, including obligations under Section 8.01, as are specifically set forth in this Agreement. Accepted and such other documentation Agreed: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as may be required by the Owner Trustee in order to comply with Applicable LawServicer By: Name: Title: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Administrative Agent By: Name: Title: THIS CERTIFICATE IS NON-TRANSFERABLE OTHER THAN AS SET FORTH HEREIN AND IN THE TRUST AGREEMENT (AS DEFINED BELOW). THIS CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, THE OWNER TRUSTEE, THE SERVICER, THE ADMINISTRATIVE AGENT, NMAC, XXXX II, NISSAN NORTH AMERICA, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, AND WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY.
Appears in 2 contracts
Samples: Trust Agreement (Nissan Auto Lease Trust 2022-A), Trust Agreement (Nissan Auto Lease Trust 2021-A)
USA PATRIOT Act Compliance. Pursuant to applicable lawTo help the government fight the funding of terrorism and money laundering activities, including the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the “USA PATRIOT Act”), the Financial Crimes Enforcement Network’s (FinCEN) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens 35 (NALT 2020-B Amended and Restated Trust Agreement) an account. For a non-individual person such as a business entity, a charity, a trust trust, or other legal entity, the Owner Trustee will ask for documentation to verify the entity’s its formation and existenceexistence as a legal entity, its financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). To The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, the Owner Trustee may conclusively rely on, and shall be fully protected and indemnified in relying on, any such information received. Failure , and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder, hereunder which, at the sole option of the Owner Trustee, may result in the immediate resignation of the Owner Trustee’s resignation , notwithstanding anything to the contrary in accordance with Section 10.02 of this Agreement. In The parties hereto agree for purposes of Applicable Anti-Money Laundering Law, (a) each Trust Certificateholder owning twenty-five percent (25%) or more of the event of any change in beneficial ownership interest in the Trust (or any beneficial interest in that interest, regardless of form), such change is and shall be accompanied deemed to be the beneficial owners of the Trust for purposes of providing the information required under Applicable Anti-Money Laundering Law, and (b) each such Trust Certificateholder is and shall be deemed to be the party with the power and authority to control the Trust. 36 (NALT 2020-B Amended and Restated Trust Agreement) IN WITNESS WHEREOF, the parties hereto have caused this Amended and Restated Trust Agreement to be duly executed by IRS Form W-8BENtheir respective officers hereunto duly authorized, W-8BEN-Eas of the day and year first above written. NISSAN AUTO LEASING LLC II, W-8 ECI or W-9as Depositor By: /s/ Xxxxxx Pausin Name: Xxxxxx Pausin Title: Treasurer WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee By: /s/ Xxxxx Xxxxxxxx Name: Xxxxx Xxxxxxxx Title: Vice President Acknowledged with respect to Sections 3.09 and 5.01(a): By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: Vice President Each of the Servicer and the Administrative Agent agrees to undertake to perform each of its duties as Servicer and Administrative Agent, as applicable, including obligations under Section 8.01, as are specifically set forth in this Agreement. Accepted and such other documentation Agreed: NISSAN MOTOR ACCEPTANCE CORPORATION, as may be required by the Owner Trustee in order to comply with Applicable LawServicer By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President NISSAN MOTOR ACCEPTANCE CORPORATION, as Administrative Agent By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President THIS CERTIFICATE IS NON-TRANSFERABLE OTHER THAN AS SET FORTH HEREIN AND IN THE TRUST AGREEMENT (AS DEFINED BELOW). THIS CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, THE OWNER TRUSTEE, THE SERVICER, THE ADMINISTRATIVE AGENT, NMAC, XXXX II, NISSAN NORTH AMERICA, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, AND WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY.
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USA PATRIOT Act Compliance. Pursuant to applicable lawTo help the government fight the funding of terrorism and money laundering activities, including the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the “USA PATRIOT Act”), the Financial Crimes Enforcement Network’s (FinCEN) Customer Due Diligence Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens 35 (NALT 2020-B Amended and Restated Trust Agreement) an account. For a non-individual person such as a business entity, a charity, a trust trust, or other legal entity, the Owner Trustee will ask for documentation to verify the entity’s its formation and existenceexistence as a legal entity, its financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). To The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, the Owner Trustee may conclusively rely on, and shall be fully protected and indemnified in relying on, any such information received. Failure , and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder, hereunder which, at the sole option of the Owner Trustee, may result in the immediate resignation of the Owner Trustee’s resignation , notwithstanding anything to the contrary in accordance with Section 10.02 of this Agreement. In The parties hereto agree for purposes of Applicable Anti-Money Laundering Law, (a) each Trust Certificateholder owning twenty-five percent (25%) or more of the event of any change in beneficial ownership interest in the Trust (or any beneficial interest in that interest, regardless of form), such change is and shall be accompanied deemed to be the beneficial owners of the Trust for purposes of providing the information required under Applicable Anti-Money Laundering Law, and (b) each such Trust Certificateholder is and shall be deemed to be the party with the power and authority to control the Trust. 36 (NALT 2020-B Amended and Restated Trust Agreement) IN WITNESS WHEREOF, the parties hereto have caused this Amended and Restated Trust Agreement to be duly executed by IRS Form W-8BENtheir respective officers hereunto duly authorized, W-8BEN-Eas of the day and year first above written. NISSAN AUTO LEASING LLC II, W-8 ECI or W-9as Depositor By: Name: Title: WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee By: Name: Title: Acknowledged with respect to Sections 3.09 and 5.01(a): By: Name: Title: Each of the Servicer and the Administrative Agent agrees to undertake to perform each of its duties as Servicer and Administrative Agent, as applicable, including obligations under Section 8.01, as are specifically set forth in this Agreement. Accepted and such other documentation Agreed: NISSAN MOTOR ACCEPTANCE CORPORATION, as may be required by the Owner Trustee in order to comply with Applicable LawServicer By: Name: Title: NISSAN MOTOR ACCEPTANCE CORPORATION, as Administrative Agent By: Name: Title: THIS CERTIFICATE IS NON-TRANSFERABLE OTHER THAN AS SET FORTH HEREIN AND IN THE TRUST AGREEMENT (AS DEFINED BELOW). THIS CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, THE OWNER TRUSTEE, THE SERVICER, THE ADMINISTRATIVE AGENT, NMAC, XXXX II, NISSAN NORTH AMERICA, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, AND WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY.
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USA PATRIOT Act Compliance. Pursuant to applicable lawTo help the government fight the funding of terrorism and money laundering activities, including the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the “USA PATRIOT Act”), the Financial Crimes Enforcement Network’s (FinCEN) Customer Due Diligence 35 (NALT 2023-A Second Amended and Restated Trust Agreement) Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust trust, or other legal entity, the Owner Trustee will ask for documentation to verify the entity’s its formation and existenceexistence as a legal entity, its financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). To The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, the Owner Trustee may conclusively rely on, and shall be fully protected and indemnified in relying on, any such information received. Failure , and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder, hereunder which, at the sole option of the Owner Trustee, may result in the resignation of the Owner Trustee’s resignation , in accordance with Section 10.02 the terms of this Agreement. In The parties hereto agree for purposes of Applicable Anti-Money Laundering Law, (a) each Trust Certificateholder owning twenty-five percent (25%) or more of the event of any change in beneficial ownership interest in the Trust (or any beneficial interest in that interest, regardless of form), such change is and shall be accompanied deemed to be the beneficial owners of the Trust for purposes of providing the information required under Applicable Anti-Money Laundering Law, and (b) each such Trust Certificateholder is and shall be deemed to be the party with the power and authority to control the Trust. 36 (NALT 2023-A Second Amended and Restated Trust Agreement) IN WITNESS WHEREOF, the parties hereto have caused this Second Amended and Restated Trust Agreement to be duly executed by IRS Form W-8BENtheir respective officers hereunto duly authorized, W-8BEN-Eas of the day and year first above written. NISSAN AUTO LEASING LLC II, W-8 ECI or W-9as Depositor By: Name: Title: WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee By: Name: Title: Acknowledged with respect to Sections 3.09 and 5.01(a): By: Name: Title: Each of the Servicer and the Administrative Agent agrees to undertake to perform each of its duties as Servicer and Administrative Agent, as applicable, including obligations under Section 8.01, as are specifically set forth in this Agreement. Accepted and such other documentation Agreed: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as may be required by the Owner Trustee in order to comply with Applicable LawServicer By: Name: Title: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Administrative Agent By: Name: Title: THIS CERTIFICATE IS NON-TRANSFERABLE OTHER THAN AS SET FORTH HEREIN AND IN THE TRUST AGREEMENT (AS DEFINED BELOW). THIS CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, THE OWNER TRUSTEE, THE SERVICER, THE ADMINISTRATIVE AGENT, NMAC, XXXX II, NISSAN NORTH AMERICA, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, AND WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY.
Appears in 1 contract
USA PATRIOT Act Compliance. Pursuant to applicable lawTo help the government fight the funding of terrorism and money laundering activities, including the Customer Identification Program requirements established under the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, Title III of Pub. L. 107 56 (signed into law October 26, 2001) and its implementing regulations (collectively, the “USA PATRIOT Act”), the Financial Crimes Enforcement Network’s (FinCEN) Customer Due Diligence 35 (NALT 2023-A Second Amended and Restated Trust Agreement) Requirements and such other laws, rules, regulations and executive orders in effect from time to time applicable to banking institutions (“Applicable Anti-Money Laundering Law”), requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. Accordingly, in order to comply with Applicable Anti-Money Laundering Law, the Owner Trustee is required to obtain on or before closing, and from time to time thereafter, documentation to verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a trust trust, or other legal entity, the Owner Trustee will ask for documentation to verify the entity’s its formation and existenceexistence as a legal entity, its financial statements, licenses, tax identification documents, and identification and authorization documents from individuals claiming authority to represent the entity and other relevant documentation and information (including beneficial owners of such entities). To The Owner Trustee may, to the fullest extent permitted by applicable law, including Applicable Anti-Money Laundering Law, the Owner Trustee may conclusively rely on, and shall be fully protected and indemnified in relying on, any such information received. Failure , and failure to provide such information may result in an inability of the Owner Trustee to perform its obligations hereunder, hereunder which, at the sole option of the Owner Trustee, may result in the resignation of the Owner Trustee’s resignation , in accordance with Section 10.02 the terms of this Agreement. In The parties hereto agree for purposes of Applicable Anti-Money Laundering Law, (a) each Trust Certificateholder owning twenty-five percent (25%) or more of the event of any change in beneficial ownership interest in the Trust (or any beneficial interest in that interest, regardless of form), such change is and shall be accompanied deemed to be the beneficial owners of the Trust for purposes of providing the information required under Applicable Anti-Money Laundering Law, and (b) each such Trust Certificateholder is and shall be deemed to be the party with the power and authority to control the Trust. 36 (NALT 2023-A Second Amended and Restated Trust Agreement) IN WITNESS WHEREOF, the parties hereto have caused this Second Amended and Restated Trust Agreement to be duly executed by IRS Form W-8BENtheir respective officers hereunto duly authorized, W-8BEN-Eas of the day and year first above written. NISSAN AUTO LEASING LLC II, W-8 ECI or W-9as Depositor By: /s/ Xxxxxxx X. Xxxx, Xx. Name: Xxxxxxx X. Xxxx, Xx. Title: Assistant Treasurer WILMINGTON TRUST, NATIONAL ASSOCIATION, as Owner Trustee By: /s/ Xxxxxxx X. Xxxxxx Name: Xxxxxxx X. Xxxxxx Title: Vice President Acknowledged with respect to Sections 3.09 and 5.01(a): By: /s/ Xxxx X. Xxxxxxxxx Name: Xxxx X. Xxxxxxxxx Title: Assistant Vice President Each of the Servicer and the Administrative Agent agrees to undertake to perform each of its duties as Servicer and Administrative Agent, as applicable, including obligations under Section 8.01, as are specifically set forth in this Agreement. Accepted and such other documentation Agreed: NISSAN MOTOR ACCEPTANCE COMPANY LLC, as may be required by the Owner Trustee in order to comply with Applicable LawServicer By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President NISSAN MOTOR ACCEPTANCE COMPANY LLC, as Administrative Agent By: /s/ Xxxxx X. Xxxxxx Name: Xxxxx X. Xxxxxx Title: President THIS CERTIFICATE IS NON-TRANSFERABLE OTHER THAN AS SET FORTH HEREIN AND IN THE TRUST AGREEMENT (AS DEFINED BELOW). THIS CERTIFICATE DOES NOT CONSTITUTE AN OBLIGATION OF OR AN INTEREST IN THE DEPOSITOR, THE OWNER TRUSTEE, THE SERVICER, THE ADMINISTRATIVE AGENT, NMAC, XXXX II, NISSAN NORTH AMERICA, INC. OR ANY OF THEIR RESPECTIVE AFFILIATES, AND WILL NOT BE INSURED OR GUARANTEED BY ANY SUCH ENTITY OR BY ANY GOVERNMENTAL AGENCY.
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