Collection of Moneys. Except as otherwise expressly provided in this Agreement, the Trustee and the Paying Agent may demand payment or delivery of, and shall receive and collect, all money and other property payable to or receivable by the Trustee or the Paying Agent, as the case may be, pursuant to this Agreement. The Trustee or the Paying Agent, as the case may be, shall hold all such money and property received by it as part of the Trust and shall distribute it as provided in this Agreement. If the Trustee or the Paying Agent, as the case may be, shall not have timely received amounts to be remitted with respect to the Mortgage Loans from the Master Servicer, the Trustee or the Paying Agent, as the case may be, shall request the Master Servicer to make such distribution as promptly as practicable or legally permitted. If the Trustee or the Paying Agent, as the case may be, shall subsequently receive any such amount, it may withdraw such request.
Collection of Moneys. Except as otherwise expressly provided herein, the Indenture Trustee may demand payment or delivery of, and shall receive and collect, directly and without intervention or assistance of any fiscal agent or other intermediary, all money and other property payable to or receivable by the Indenture Trustee pursuant to this Indenture. The Indenture Trustee shall hold all such money and property received by it as part of the Trust Estate and shall apply it as provided in this Indenture. If the Indenture Trustee shall not have received the Remittable Funds by close of business on any related Deposit Date, the Indenture Trustee shall, unless the Issuer or the Servicer shall have made provisions satisfactory to the Indenture Trustee for delivery to the Indenture Trustee of an amount equal to such Remittable Funds, deliver a notice, with a copy to the Note Insurer, to the Issuer and the Servicer of their failure to remit such Remittable Funds and that such failure, if not remedied by the close of business on the Business Day after the date upon which such notice is delivered to the Servicer, shall constitute an event of default under the Servicing Agreement. If the Indenture Trustee shall subsequently receive any such Remittable Funds by 2:00 p.m. Eastern Time on such Business Day, such Event of Default shall not be deemed to have occurred. Notwithstanding any other provision hereof, the Indenture Trustee shall deliver to the Issuer or the Servicer, or their respective designee or assignee, any Remittable Funds received with respect to a Mortgage Loan after the related Deposit Date to the extent that the Issuer or the Servicer, respectively, previously made payment or provision for payment with respect to such Remittable Funds in accordance with this Section 8.01, and any such Remittable Funds shall not be deemed part of the Trust Estate. Except as otherwise expressly provided in this Indenture and the Servicing Agreement, if, following delivery by the Indenture Trustee of the notice described above, the Servicer shall fail to remit the Remittable Funds on any Deposit Date, the Indenture Trustee shall deliver a second notice to the Servicer, the Issuer and the Note Insurer by 2:00 p.m. Eastern Time on the third Business Day prior to the related Payment Date indicating that an event of default occurred and is continuing under the Servicing Agreement. Thereupon, the Indenture Trustee shall take such actions as are required of the Indenture Trustee under Article VI of...
Collection of Moneys. Except as otherwise expressly provided in this Agreement, the Trustee, the Custodian and the Certificate Administrator may demand payment or delivery of, and shall receive and collect, all money and other property payable to or receivable by the Trustee, the Custodian or the Certificate Administrator, as the case may be, pursuant to this Agreement. The Trustee, the Custodian or the Certificate Administrator, as the case may be, shall hold all such money and property received by it as part of the Trust and shall distribute it as provided in this Agreement. If the Trustee, the Custodian or the Certificate Administrator, as the case may be, shall not have timely received amounts to be remitted with respect to the Mortgage Loans from the Master Servicer, the Trustee, the Custodian or the Certificate Administrator, as the case may be, shall request the Master Servicer to make such distribution as promptly as practicable or legally permitted. If the Trustee, the Custodian or the Certificate Administrator, as the case may be, shall subsequently receive any such amount, it may withdraw such request.
Collection of Moneys. 163 SECTION 7.14 TRUSTEE TO ACT; APPOINTMENT OF SUCCESSOR......................163 SECTION 7.15
Collection of Moneys. Section 7.14 Trustee to Act; Appointment of Successor..................... Section 7.15
Collection of Moneys. Except as otherwise expressly provided in this Agreement, the Trustee may demand payment or delivery of, and shall receive and collect, all money and other property payable to or receivable by the Trustee pursuant to this Agreement. The Trustee shall hold all such money and property received by it as part of the Trust and shall distribute it as provided in this Agreement. If the Trustee shall not have timely received amounts to be remitted with respect to the Mortgage Loans from the Master Servicer, the Trustee shall request the Master Servicer to make such distribution as promptly as practicable or legally permitted. If the Trustee shall subsequently receive any such amount, it may withdraw such request.
Collection of Moneys. (a) Subject to Section 4.06(b), the Servicer shall remit or cause each Lock-Box Bank to remit all payments received by it on or in respect of any Contract or Equipment (including any Residual Payment) during such Collection Period into the Collection Account (including any such amounts then held by the Servicer) as soon as practicable, but in any event within two Business Days after receipt thereof; PROVIDED, HOWEVER, that upon satisfaction of conditions provided by the Rating Agencies from time to time, the Servicer shall be permitted to deposit such amounts received during a particular Collection Period into the Collection Account within two Business Days prior to the related Payment Date.
(b) Any such amounts remitted to the Collection Account may not include Excluded Amounts.
(c) Notwithstanding the provisions of paragraph (a) hereof, the Servicer may retain, or will be entitled to be reimbursed, from amounts otherwise payable into, or on deposit in, the Collection Account with respect to a Collection Period, amounts previously deposited in the Collection Account but later determined to have resulted from mistaken deposits or payments due before or on the Cut-Off Date or postings of checks returned for insufficient funds (PROVIDED that the Servicer accounts for such amounts in the Monthly Servicer's Report for the related Collection Period). The amount to be retained or reimbursed hereunder shall not be included in funds available for distribution with respect to the related Payment Date.
(d) Pending their deposit into the Collection Account, all collections shall be segregated by book-entry or similar form of identification on the Servicer's books and records and identified as the property of the Transferor.
Collection of Moneys. Except as otherwise expressly provided herein, the Trustee may demand payment or delivery of, and may receive and collect, directly and without intervention or assistance of any fiscal agent or other intermediary, all money and other property payable to or receivable by the Trustee pursuant to this Indenture. The Trustee shall hold all such money and property received by it as part of the Trust Estate, and shall apply it as provided in this Indenture. Except as otherwise expressly provided in this Indenture, if any default occurs in the making of any payment or performance under the Servicing Agreements, the Trustee may, and upon the request of the Holders of Securities representing more than 50% of the principal amount of the Outstanding Securities shall, take such action as may be appropriate to enforce such payment or performance including the institution and prosecution of appropriate judicial proceedings. Any such action shall be without prejudice to any right to claim a Default or Event of Default under this Indenture and to proceed thereafter as provided in Article 7.
Collection of Moneys. (a) On or before the Issuance Date, the Servicer shall designate a lockbox for the receipt directly from Lessees of all payments under the Leases and for the receipt from IOS Capital or the Lessees of security deposits in respect of any of the Leases. Amounts so received shall be deposited in the Collection Account in accordance with the provisions of Section 3.03(a) or, in the case of security deposits, the Security Deposit Account in accordance with Section 3.08(a).
(b) The Trustee shall from time to time, in accordance with instructions of the Servicer, withdraw from the Collection Account and pay to the Servicer for appropriate application by the Servicer any amounts in the Collection Account which the Servicer advises the Trustee in writing are Other Lease Payments. Prior to such payment, the Trustee shall have rights to and an interest in such amounts to the extent (but only to the extent) it is determined that such amounts actually constitute Transaction Payment Amounts.
(c) If at any time the Issuer shall receive any amount referred to in Section 3.03(a), it shall hold such payment in trust for the benefit of the Trustee, the holders of the Notes and the Insurer, shall segregate such payment from the other property of the Issuer, and shall, promptly (but in no event later than the next following Business Day) upon receipt, deliver such payment in the form received to the Trustee.
Collection of Moneys. (a) On or before the Issuance Date, the Servicer shall designate an address for the receipt directly from Lessees of all Lease Payments, Casualty Payments and Termination Payments on or in respect of each Lease (which payments may be aggregated by the Lessee paying the same with Similar Transaction Payments and Other Lease Payments and which designated address may be the same designated address to which such Similar Transaction Payments and Other Lease Payments may be sent). The Servicer shall, within two Business Days of receipt of any payment at such designated address, deposit such payment in the Collection Account. All Lease Payments, Casualty Payments, Termination Payments and other payments relating to a Lease received at such designated address and so deposited in the Collection Account shall constitute part of the Trust Estate. Any Similar Transaction Payments and Other Lease Payments from time to time received at such designated address or otherwise received by the Servicer or deposited in the Collection Account shall not constitute part of the Trust Estate.
(b) The Trustee shall from time to time, in accordance with instructions of the Servicer and the provisions of the Similar Transaction Agreements, withdraw from the Collection Account any amounts in the Collection Account which the Servicer advises the Trustee are (i) Similar Transaction Payments and apply such payments in accordance with the Similar Transaction Agreements and (ii)
