Examples of Litigation Reserve Account in a sentence
Amounts on deposit in the Litigation Reserve Account shall be invested in Permitted Investments, shall not be used to pay costs or expenses other than litigation costs and expenses that constitute Servicing Expenses, and shall be used to pay such litigation costs and expenses only in any month in which the Loan Proceeds received during that month do not provide sufficient cash to pay all Servicing Expenses due and payable (without prepayment) during that month.
If the Company elects to establish a Litigation Reserve, it shall establish a Litigation Reserve Account.
The Litigation Reserve Account shall be held in trust for the benefit of the Participant and the Company and shall be established and maintained for the sole purpose of holding and distributing the Litigation Reserve funds.
At the time of the Final Distribution, all remaining funds held in the Litigation Reserve Account shall be allocated and distributed in accordance with Section 4.01.
The Company shall be required to make Working Capital Advances if, at any time, the Loan Proceeds, including funds available in the Collection Account or in any Liquidity Reserve Account or Litigation Reserve Account, are insufficient to pay all costs and expenses incurred by the Company.
No funds from any other source (other than interest or earnings on the funds held in the Litigation Reserve Account) shall be commingled in the Litigation Reserve Account.
Amounts on deposit in the Litigation Reserve Account (including interest and earnings thereon) shall be used and may be withdrawn and disbursed only in accordance with the provisions of this Section 4.03(b).
At any time after the Company funds the Litigation Reserve Account, the Company may, in the exercise of its reasonable discretion, determine to release some or all of the funds from the Litigation Reserve Account and allocate and distribute such released funds in accordance with Section 4.01.
The Servicer shall be authorized and directed to withdraw funds from the Litigation Reserve Account only to make disbursements in accordance with this Agreement and not for any other purpose.
Such determination will be made at the beginning of each month and if the Company determines to fund the Litigation Reserve Account for that month, it will fund such amount for such month in accordance with the provisions of Section 3.04(a).