The Depositor definition
The Depositor has filed with the Securities and Exchange Commission (the "Commission") a registration statement (No. [ ]) 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 form of 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". At or prior to the time when sales to purchasers of the Certificates were first made, which was approximately 1:30 p.m. on [ ] (the "Time of Sale"), the Depositor had prepared the following information (collectively, the "Time of Sale Information"): the Depositor's Free Writing Prospectus dated [ ] (the cover page of which is attached hereto as Annex A) to accompany the Depositor's Prospectus dated [ ], and the Depositor's Prospectus dated [ ], the Term Sheet dated [ ], relating to the Certificates, each "free-writing prospectus" (as defined pursuant to Rule 405 under the 1933 Act) (a "Free Writing Prospectus") the first page of each of which is attached as Annex B hereto and the pricing information annex attached hereto as Annex C. If, subsequent to the date of this Agreement, the Depositor and the 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 circums...
The Depositor s interest in the balance in the custodial account is nonforfeitable.
1. No part of the custodial funds may be invested in life insurance contracts, nor may the assets of the custodial account be commingled with other property except in a common trust fund or common investment fund (within the meaning of section 408(a)(5) of the Code).
2. No part of the custodial funds may be invested in collectibles (within the meaning of section 408(m) except as otherwise permitted by section 408(m)
The Depositor s address for purposes for all notices and correspondence related to the Mortgage Loans, this Assignment and the Servicing Agreement is : Morgan Stanley Capital I Inc. 1585 Broadway New ▇▇▇▇, N▇▇ ▇▇▇▇ 10036 Attention: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇-▇▇▇ The Trustee's addr▇▇▇ ▇▇r ▇▇▇▇▇▇es for all notices and correspondence related to the Mortgage Loans, this Assignment and the Servicing Agreement is : LaSalle Bank National Association 135 South LaSalle Street, Suite 1625 Chicago, Illinois 6▇▇▇▇ ▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇6-5AR The Purchaser's address for purposes for all notices and correspondence related to the Mortgage Loans, this Assignment and the Servicing Agreement is : Morgan Stanley Mortgage Capital Inc. 1221 Avenue of the ▇▇▇▇▇▇a▇ New York, New York 10020 ▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇-▇▇▇ With a copy t▇: ▇▇rgan Stanley & Co. Incorporated 1585 Broadway ▇▇▇ ▇▇r▇, ▇▇▇ York 10036 Attention: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇'▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇'▇ ▇▇▇ress for purposes for all notices and correspondence related to the Mortgage Loans and this Assignment is : GMAC Mortgage Corporation 100 Witmer Road Horsham, Pennsylvania 92127 Atte▇▇▇▇▇: ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ President of National Loan Administration
Examples of The Depositor in a sentence
The Depositor shall receive at the times set forth in Sections 3.05, 3.18, 3.23 and 4.03 as compensation for performing portfolio supervisory services, bookkeeping and administrative expenses and evaluation services, such amount and for such periods as specified the Prospectus and/or Reference Trust Agreement.
The Depositor shall cause to be refunded to each Unitholder his pro rata portion of the sales charge levied on the sale of Units to such Unitholder attributable to such Failed Contract Security.
The Depositor and the Trustee shall use their reasonable efforts to conduct pro rata sales of Securities qualifying for exception from tax reporting as described in Treas.
The Depositor shall provide the Trustee, from time to time as requested, an estimate of the amount of such expenses, which the Trustee shall use for the purpose of estimating the accrual of Trust expenses.
The Depositor shall assure that the Prospectus for the Trust contains such disclosure as shall be necessary to permit payment by the Trust of the expenses contemplated by this paragraph under applicable laws and regulations.
More Definitions of The Depositor
The Depositor has filed with the Securities and Exchange Commission (the "Commission") a registration statement on Form S-3 (File No. 333-75489), including a prospectus relating to the Securities under the Securities Act of 1933, as amended (the "1933 Act"). The term "Registration Statement" means such registration statement as amended to the date of the Underwriting Agreement. The term "Base Prospectus" means the prospectus included in the Registration Statement. The term "Prospectus" means the Base Prospectus together with the prospectus supplement specifically relating to the Offered Securities, as first filed with the Commission pursuant to Rule 424. The term "Preliminary Prospectus" means a preliminary prospectus supplement specifically relating to the Offered Securities together with the Base Prospectus.
The Depositor has filed with the Securities and Exchange Commission (the "Commission") a registration statement (No. 033-46723) 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 and copies of which have heretofore been delivered to the Underwriter. 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, as amended at the date hereof, is hereinafter called the "Registration Statement"; the prospectus included in the Registration Statement, at the time the Registration Statement, as amended, became effective, or as subsequently filed with the Commission pursuant to Rule 424(b) under the 1933 Act, is hereinafter called the "Basic Prospectus"; such form of supplement to the form of prospectus relating to the Certificates, in the form in which it shall be first filed with the Commission pursuant to Rule 424 (including the Basic Prospectus as so supplemented) is hereinafter called the "Prospectus Supplement"; and the Basic Prospectus and the Prospectus Supplement, together, are hereinafter called the "Prospectus". Any preliminary form of the Prospectus that has heretofore been filed pursuant to Rule 424(b) is hereinafter called a "Preliminary Prospectus".
The Depositor s interest in the balance in the custodial account is nonforfeitable.
The Depositor s address for purposes for all notices and correspondence related to the Mortgage Loans and this Agreement is: Morgan Stanley Capital I Inc. 1585 Broadway New York, New York 10036 ▇▇▇▇▇▇▇▇▇: [▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇] The Trustee's address for purposes for all notices and correspondence related to the Mortgage Loans and this Agreement is: LaSalle Bank National Association 135 South LaSalle Street, Suite 1625 Chicago, ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇-[Insert Series Designation]
The Depositor has prepared and filed with the Securities and Exchange Commission (the "Commission"), a registration statement on Form S-3 (File No. 333-107925), including a preliminary base prospectus and a form of preliminary prospectus supplement relating to the offering of asset backed notes and asset backed certificates, issued in series from time to time in accordance with Rule 415 under the Securities Act of 1933, as amended (the "Securities Act"). Such registration statement has been declared effective by the Commission. If any post-effective amendment has been filed with respect thereto, prior to the execution and delivery of this Agreement, the most recent such amendment has been declared effective by the Commission. The Depositor will file a final base prospectus and a final prospectus supplement relating to the Securities in accordance with Rules 415 and 424(b)(2) or (5) under the Securities Act. The Depositor has included in such registration statement, as amended at the Effective Date (as hereinafter defined), all information required by the Securities Act and the rules and regulations of the Commission under the Securities Act (the "Securities Act Regulations") to be included in the prospectus with respect to the offering of the Notes. As filed, the final prospectus and the final prospectus supplement shall include all required information with respect to the offering of the Notes and shall be in all substantive respects in the form furnished to the Representative prior to the Execution Time (as hereinafter defined) or, to the extent not completed at the Execution Time, shall contain only such specific additional information and other changes (beyond those contained in the latest preliminary base prospectus and preliminary prospectus supplement, if any, that have been previously been furnished to the Representative) as the Depositor has advised the Representative, prior to the Execution Time, will be included or made therein.
The Depositor s address for purposes for all notices and correspondence related to the Mortgage Loans and this Agreement is: Morgan Stanley Capital I Inc. 1585 Broadway ▇ew York, New York 10036 ▇▇▇▇▇▇▇▇▇: [▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇] The Trustee's address for purposes for all notices and correspondence related to the Mortgage Loans and this Agreement is: LaSalle Bank National Association 135 South LaSalle Street, Suite 1625 Chicago, Ill▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇: ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇-[▇▇▇▇rt Series Designation] The Owner's address for purposes for all notices and correspondence related to the Mortgage Loans and this Agreement is: Morgan Stanley Mortgage Capital Inc. 1221 Avenue ▇▇ ▇▇▇ ▇▇▇▇▇▇▇s New York, New York 10▇▇▇ ▇▇▇▇▇▇▇▇▇: [▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇] With a copy to: Morgan Stanley & Co. Incorporated 1585 Broadway New York, New York 10036 ▇▇▇▇▇▇▇▇▇: ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇'▇ ▇▇▇▇▇▇ The Servicer's address for purposes for all notices and correspondence related to the Mortgage Loans and this Agreement is: Central Mortgage Company 801 John Barrow Road - Suite 1 Little Rock, Arkansas 72▇▇▇ ▇▇▇▇▇▇▇▇▇: Lou Ann Howard, Servicing Manager
The Depositor has filed with the Securities and Exchange Commission (the "Commission") a registration statement on Form S-3 (No. 333-36692) covering the registration of the Certificates under the Securities Act of 1933, as amended (the "Securities Act"), which Registration Statement, as amended at the date hereof, has become effective and the offering thereof from time to time in accordance with Rule 415 under rules and regulations of the Commission under the Securities Act (the "Securities Act Regulations"). Such registration statement, as amended, and the prospectus and the related prospectus supplement that the Depositor has filed with the Commission pursuant to Rule 424(b) of the Securities Act Regulations relating to the sale of the Certificates offered thereby constituting a part thereof, as from time to time amended or supplemented, including all documents incorporated therein by reference, are respectively referred to as the "Registration Statement" and the "Prospectus"; provided, however, that a supplement to the Prospectus prepared pursuant to Section 3(a) shall be deemed to have supplemented the Prospectus only with respect to the offering of the Certificates to which it relates. Any information included in the prospectus that is omitted from such registration statement at the time it becomes effective but that is deemed to be part of such registration statement at the time it becomes effective pursuant to paragraph (a) of Rule 430A of the Securities Act Regulations is referred to as the "Rule 430A Information". Any preliminary prospectus used in connection with the Certificates prior to the execution and delivery of the Terms Agreement, is herein called a "preliminary prospectus". For purposes of this Agreement, all references to the Registration Statement, any preliminary prospectus, the Prospectus or any amendment or supplement to any of the foregoing shall be deemed to include the copy filed with the Commission pursuant to its Electronic Data Gathering, Analysis and Retrieval system ("▇▇▇▇▇"). All references in this Agreement to financial statements and schedules and other information which is "contained", "included" or "stated" in the Registration Statement, any preliminary prospectus or the Prospectus (or other references of like import) shall be deemed to mean and include all such financial statements and schedules and other information which is incorporated by reference in the Registration Statement, any preliminary prospectus or the Prospectus, as th...