Withdrawals from Collection Account. The Indenture Trustee, at the direction of the Servicer, shall also make the following withdrawals from the Collection Account, in no particular order of priority:
(i) to withdraw any amount not required to be deposited in the Collection Account or deposited therein in error;
(ii) to withdraw the Servicing Advance Reimbursement Amount;
(iii) to clear and terminate the Collection Account in connection with the termination of this Agreement; and
(iv) to make the payments set forth in Section 9.01(e) hereof.
Withdrawals from Collection Account. The Master Servicer shall cause the Servicer to also make the following withdrawals from the Collection Account, in no particular order of priority:
(i) to withdraw any amount not required to be deposited in the Collection Account or deposited therein in error;
(ii) to withdraw any Servicing Advance Reimbursement Amounts and Monthly Advance Reimbursement Amounts; and
(iii) to clear and terminate the Collection Account in connection with the termination of this Agreement.
Withdrawals from Collection Account. No later than the second Business Day preceding each Distribution Date, the Indenture Trustee shall withdraw amounts from the Collection Account representing the Payments with respect to the related Determination Date on deposit therein and deposit such amounts into the Note Distribution Account and liquidate the Permitted Investments in which such amounts are invested and distribute all net investment earnings to the Servicer.
Withdrawals from Collection Account. (a) Provided that:
(i) no Default is continuing or would result from a withdrawal from a Collection Account;
(ii) no notices have been issued in respect of Overdraft Facilities pursuant to clause 7.2 (Repayment of Overdraft Facilities) (unless all amounts payable under that clause following a Demand Repayment Date (as defined therein) have been repaid in full); and
(iii) a withdrawal would not result in the Borrowing Base Amount being zero (0) or a negative number, funds standing to the credit of a Collection Account shall be freely available to the relevant Borrower. The relevant Borrower shall make withdrawals (or allow amounts to be debited from the accounts) only after the Collateral Management Agent has confirmed that the provisions of this clause 25.3(a) have been satisfied in connection therewith.
(b) Save as set out in clause 25.3(a), no Obligor may withdraw any amount from or allow any amount to be debited from a Collection Account (except in accordance with paragraph (d) of clause 25.2 (Collection Account)).
(c) Without prejudice to clause 25.3(a), any funds which are available to a Borrower pursuant to clause 25.3(a) may:
(i) be transferred to an account held with another Lender provided that such funds shall not be applied to a payment due to that Lender under the Finance Documents or under any bilateral agreement in connection with any Ancillary Facility or in connection with any Multi-Party TPA Agreement save as set out in clause 25.3(c)(ii);
(ii) where a Borrower proposes to utilise additional Overdraft Facilities from a Facility C Lender but is unable to do so without contravening the conditions described in clause 5.3(ix), be paid by a Borrower to the relevant Facility C Lender in discharge of part of that Facility C Lender's existing Overdraft Facilities to the extent necessary to enable the further Utilisation to be made.
Withdrawals from Collection Account. The Indenture Trustee may make withdrawals from the Collection Account as necessary for any of the following purposes and without regard to the priorities set forth in Article V: (i) to pay to itself the Indenture Trustee Fee then owing, (ii) at the Servicer’s request, to pay the Servicer the Servicing Fee then owing and, if an Event of Default exists under this Indenture or after the Anticipated Repayment Date with respect to any Series of Outstanding Notes, any other Other Servicing Fees then owing, each of which shall be payable at the times and in the amounts described in the Servicing Agreement; (iii) to pay or reimburse the Servicer and the Indenture Trustee, at the Servicer’s or Indenture Trustee’s request, as applicable, for Advances made by each and not previously reimbursed, together with Advance Interest thereon, in each case as set forth in this Indenture with respect to Debt Service Advances or the Servicing Agreement with respect to Servicing Advances, (iv) to pay, reimburse or indemnify the Servicer, at the Servicer’s or Indenture Trustee’s request and the Indenture Trustee for any other amounts payable, reimbursable or indemnifiable pursuant to the terms of this Indenture or the other Transaction Documents, (v) to pay at the Servicer’s request any other Additional Issuer Expenses, (vi) to pay to the persons entitled thereto any amounts deposited in error and (vii) to clear and terminate the Collection Account on the date there are no Notes Outstanding.
Withdrawals from Collection Account. The Indenture Trustee, at the direction of the Servicer shall also make the following withdrawals from the Collection Account, in no particular order of priority:
(i) to withdraw any amount not required to be deposited in the Collection Account or deposited therein in error;
(ii) on each Distribution Date, to pay to the Servicer any accrued and unpaid Servicing Fees and any additional Servicing Compensation pursuant to Section 7.3 not withheld pursuant to Section 5.1(b)(1);
(iii) on each Distribution Date, to pay to the Servicer any unreimbursed Servicing Advances; provided, however, that the Servicer's right to reimbursement for unreimbursed Servicing Advances shall be limited to late collections (excluding the scheduled monthly payments) on the related Loans, including, without limitation, late collections constituting Liquidation Proceeds, Released Mortgaged Property Proceeds, Insurance Proceeds, Post Liquidation Proceeds and such other amounts as may be collected by the Servicer from the related Mortgagor or otherwise relating to the Loan in respect of which such unreimbursed amounts are owed;
(iv) on each Distribution Date, to reimburse the Servicer for any Servicing Advances determined by the Servicer in good faith to have become Nonrecoverable Servicing Advances.
(v) make payments set forth in Section 9.1(e).
Withdrawals from Collection Account. The Master Servicer shall cause the Servicer to also make the following withdrawals from the Collection Account, in no particular order of priority:
(i) to withdraw any amount not required to be deposited in the Collection Account or deposited therein in error;
(ii) to withdraw any Servicing Advance Reimbursement Amounts and Monthly Advance Reimbursement Amounts; and
(iii) to clear and terminate the Collection Account in connection with the termination of this Agreement.
(c) Initial Withdrawals from Note Payment Account. To the extent funds are available in the Note Payment Account, the Indenture Trustee (based on the information provided by the Servicer contained in the Servicer's Monthly Remittance Report for such Payment Date) shall make withdrawals therefrom by 9:00 a.m. (New York City time) on each Payment Date, for application in the following order of priority:
(i) to distribute on such Payment Date the following amounts related to such Payment Date pursuant to the Indenture in the following order; (1) to the Indenture Trustee, an amount equal to the Indenture Trustee Fee and all unpaid Indenture Trustee Fees from prior Payment Dates; (2) to the Servicer an amount equal to the Servicing Compensation (net of the sum of any amounts retained prior to deposit into the Collection Account pursuant to subsection (b)(1) above) and all unpaid Servicing Compensation from prior Payment Dates; (3) to the Master Servicer an amount equal to the Master Servicer Compensation and all unpaid Master Servicer Compensation from prior Payment Dates; and (4) to the Securities Insurer, an amount equal to the Guaranty Insurance Premium and all unpaid Guaranty Insurance Premiums from prior Payment Dates; and
(ii) subject to the priority of payments in Subsections 5.01(d) and (e) below, to deposit into the Certificate Distribution Account the applicable portions of the Available Payment Amount payable to the holders of the Residual Interest Certificates as calculated pursuant to Subsection 5.01(e) below on such Payment Date.
Withdrawals from Collection Account. Prior to the Liquidation Date, the Relationship Bank shall permit APR, as Servicer, to access the Collection Account in connection with its duties as Servicer and, in that connection APR, as such Servicer, may withdraw funds on deposit therein in accordance with, and for the purposes permitted under, the provisions of the Transaction Documents. Upon the occurrence of the Liquidation Date, (x) APR's right of access to the Collection Account shall terminate immediately without any further action by any Person being required (but APR shall be permitted to make deposits in each case with the consent of the Relationship Bank) and (y) the Relationship Bank or its designee shall thereafter make all withdrawals in accordance with the terms hereof or may transfer funds to the Liquidation Collection Account and shall make such withdrawals from the Liquidation Collection Account as if it were the Collection Account.
Withdrawals from Collection Account. Prior to the Termination Date, the Agent shall permit the Servicer, to access the Collection Account in connection with its duties as Servicer and, in that connection the Servicer, may withdraw funds on deposit therein in accordance with, and for the purposes permitted under, the provisions of the Transaction Documents. Upon the occurrence of the Termination Date, (x) the Servicer's right of access to the Collection Account shall terminate immediately without any further action by any Person being required (but the Servicer shall be permitted to make deposits in each case with the consent of the Agent) and (y) the Agent or its designee (which may be the Backup Servicer) shall thereafter make all withdrawals in accordance with the terms hereof or may transfer funds to the Liquidation Collection Account and shall make such withdrawals from the Liquidation Collection Account as if it were the Collection Account.
Withdrawals from Collection Account. Deposits to the Principal Collections Account and the Distribution Account.
