Depositor means Advisors Asset Management, Inc. and its successors in interest, or any successor depositor appointed as hereinafter provided."
Other Depositor With respect to a Serviced Companion Loan or a Serviced Loan Combination, the “depositor” (within the meaning of Item 1101(e) of Regulation AB) of the related Other Securitization Trust.
Lead Depositor means the Depositor under the Lead Securitization Servicing Agreement.
Master Servicer means the master servicer appointed as provided in the Lead Securitization Servicing Agreement.
Trust Depositor means Harley-Davidson Customer Funding Corp., in its capacity as trust depositor under the Sale and Servicing Agreement.
Depositor Order A written order or request, respectively, signed in the name of the Depositor by any one of its Executive Officers.
Securities Administrator Xxxxx Fargo Bank, N.A., or its successor in interest, or any successor securities administrator appointed as herein provided.
Non-Lead Securitization Trust means the Securitization Trust into which any Non-Lead Securitization Note is deposited.
Custodial agency means an agency of the government designated to act on behalf of the government owner of the disposal site.
The Depositor has filed with the Securities and Exchange Commission (the "Commission") a registration statement (No. 333-142235) on Form S-3 for the registration of the Certificates under the Securities Act of 1933, as amended (the "1933 Act"), which registration statement has become effective. The Depositor proposes to file with the Commission pursuant to Rule 424(b) under the 1933 Act a supplement to the form of prospectus included in such registration statement relating to the Certificates and the plan of distribution thereof. Such registration statement, including the exhibits thereto, and information that is contained in the Prospectus (as defined below) and is deemed to be part of and included in such registration statement as it may have been amended or supplemented at the date of the Prospectus, is hereinafter referred to as the "Registration Statement"; the prospectus first required to be filed to satisfy the condition set forth in Rule 172(c) and pursuant to Rule 424(b) under the 1933 Act, is hereinafter referred to as the "Base Prospectus"; such supplement to the Base Prospectus relating to the Certificates, in the form first required to be filed to satisfy the condition set forth in Rule 172(c) and pursuant to Rule 424(b) under the 1933 Act (including the Base Prospectus as so supplemented) is hereinafter referred to as the "Prospectus Supplement"; and the Base Prospectus and the Prospectus Supplement, together, are hereinafter referred to as the "Prospectus". A "free writing prospectus" (as defined pursuant to Rule 405 under the 0000 Xxx) relating to the Certificates is hereinafter referred to as a "Free Writing Prospectus". At or prior to the time when sales to purchasers of the Certificates were first made, which was approximately 12:45 p.m. on May 21, 2008 (the "Time of Sale"), the Depositor had prepared or caused the preparation of the following information (collectively, the "Time of Sale Information"): the Depositor's Free Writing Prospectus dated May 16, 2008 (the "Offering Prospectus") (the cover page of which is attached hereto as Annex A); the Depositor's Free Writing Prospectus dated May 20, 2008 and the Depositor's Free Writing Prospectus dated May 21, 2008 (the cover page of each of which is attached hereto as Annex B); the Depositor's prospectus dated May 10, 2007, relating to the Certificates and previously filed as part of the Registration Statement; the collateral and structural term sheet dated May 15, 2008 relating to the Certificates (the first two pages of which are attached hereto as Annex C); and the pricing information annex attached hereto as Schedule I. If, subsequent to the date of this Agreement, the Depositor and the Lead Underwriters determine that such information included an untrue statement of material fact or omitted to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading and terminate their old purchase contracts and enter into new purchase contracts with one or more purchasers of the Certificates, then "Time of Sale Information" as to any such purchaser will refer to the information conveyed to such purchaser at the time of entry into the first such new purchase contract, including any information that corrects such material misstatements or omissions ("Corrective Information") and "Time of Sale" as to such purchaser will refer to the time and date on which such new purchase contract was entered into.
Special Servicer means the applicable special servicer with respect to the Mortgage Loan appointed as provided in the Lead Securitization Servicing Agreement.
Mortgage Loan Seller Sub-Servicer A Sub-Servicer required to be retained by the Master Servicer by a Mortgage Loan Seller, as listed on Exhibit S to this Agreement, or any successor thereto.
Master Trust Trustee means the entity acting as trustee under the applicable Pooling and Servicing Agreement.
Lead Securitization Directing Certificateholder means the “Directing Certificateholder” as defined in the Lead Securitization Servicing Agreement.
Lead Securitization Trust means the Securitization Trust created in connection with the Lead Securitization.
Custodial Agent means the Person who is then the Custodial Agent thereunder.
Non-Lead Servicer means any Non-Lead Master Servicer or Non-Lead Special Servicer, as the context may require.
Trust Administrator [______________] Independent Accountants:
Special Servicer Servicing Personnel The divisions and individuals of the Special Servicer who are involved in the performance of the duties of the Special Servicer under this Agreement.
Certificate Administrator means the certificate administrator appointed as provided in the Lead Securitization Servicing Agreement.
Sub-Servicer Any Person with which the Master Servicer has entered into a Sub-Servicing Agreement and which meets the qualifications of a Sub-Servicer pursuant to Section 3.02.
Shareholder Servicing Agent shall have the meaning designated in Section 5.2(f) hereof.
Non-Lead Depositor means the “depositor” under any Non-Lead Securitization Servicing Agreement.
Lead Servicer means the master servicer designated under the Note A-1 PSA.
Servicer Custodial Account The separate Eligible Account or Accounts created and maintained by the Servicer pursuant to Section 3.08(b).
Servicer means the Master Servicer or the Special Servicer, as the context may require.