Common use of The Collection Account Clause in Contracts

The Collection Account. The Servicer, for the benefit of the Securityholders, shall establish in the name of the Trustee, on behalf of the Trust, a non-interest bearing segregated account (the “Collection Account”) bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the Securityholders, and shall cause such Collection Account to be established and maintained, (i) in a segregated trust account with the corporate trust department of a depositary institution or trust company (which may include the Trustee but not the Servicer or any Affiliate thereof) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia which has a long-term unsecured debt rating of at least Baa3 by Moody’s and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary institution or trust company shall have a credit rating from Standard & Poor’s of at least A-1+ and P-1 from Moody’s in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Standard & Poor’s of AAA and from Moody’s of Aaa in the case of the long-term unsecured debt obligations) or (ii) with a depositary institution, which may include the Trustee but not the Servicer or any Affiliate thereof, which is acceptable to the Rating Agency (in the case of (i) and (ii), a “Qualified Institution”). If, at any time, the institution holding the Collection Account ceases to be a Qualified Institution, the Transferor shall direct the Servicer to establish within 10 Business Days a new Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be the “Collection Account.” The Servicer shall give written notice to the Transferor and the Trustee of the location and account number of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereof. Pursuant to authority granted to it pursuant to subsection 3.1(b), the Servicer shall have the power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Metris Master Trust), Pooling and Servicing Agreement (Metris Master Trust)

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The Collection Account. The Servicer, for the benefit of the SecurityholdersCertificateholders, shall establish in the name of the Trustee, on behalf of the Trust, a non-interest bearing segregated account (the "Collection Account") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the SecurityholdersCertificateholders, and shall cause such Collection Account to be established and maintained, (i) in a segregated trust account with the corporate trust department of a depositary institution or trust company (which may include the Trustee but not the Servicer or any Affiliate thereofTrustee) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia which has a long-term unsecured debt rating of at least Baa3 by Moody’s 's and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, deposit short-term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary institution or trust company shall have a credit rating from Standard & Poor’s 's of at least A-1+ and P-1 from Moody’s 's of at least P-1 in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Standard & Poor’s 's of AAA and from Moody’s 's of Aaa in the case of the long-term unsecured debt obligations) , or (ii) with a depositary institution, which may include the Trustee but not the Servicer or any Affiliate thereofTrustee, which is acceptable to the Rating Agency (in the case of (i) and (ii), a "Qualified Institution"). If, at any time, the institution holding the Collection Account ceases to be a Qualified Institution, the Transferor shall direct the Servicer to establish within 10 ten Business Days a new Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be the "Collection Account." The Servicer shall give written notice to the Transferor and the Trustee of the location and account number of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereof. Pursuant to authority granted to it pursuant to subsection 3.1(b), the Servicer shall have the power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Green Tree Financial Corp), Pooling and Servicing Agreement (Green Tree Financial Corp)

The Collection Account. The Servicer, for the benefit of the SecurityholdersNoteholders and the Holder of the Transferor Interest, shall establish and maintain in the name of the Trustee, Collateral Trustee on behalf of the TrustNoteholders and the Holder of the Transferor Interest, or cause to be established and maintained, with an office or branch located in the state designated by the Servicer of a depository institution or trust company (which may include the Collateral Trustee) organized under the laws of the United States of America or any one of the states thereof a non-interest bearing segregated deposit account (the "Collection Account") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the Securityholders, Noteholders and shall cause such Collection Account to be established and maintained, (i) in a segregated trust account with the corporate trust department of a depositary institution or trust company (which may include the Trustee but not the Servicer or any Affiliate thereof) organized under the laws Holder of the United States of America or any one of the states thereof or the District of Columbia which has a long-term unsecured debt rating of at least Baa3 by Moody’s and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (Transferor Interest; provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such depository institution or trust company) of such depositary depository institution or trust company if other than the Collateral Trustee or First Union National Bank of North Carolina, shall have a credit rating from Standard & Poor’s the Rating Agency or Agencies for each Series outstanding hereunder of at least P-1, A-1+ and P-1 from Moody’s +, as applicable, respectively, in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Standard & Poor’s of AAA and from Moody’s the applicable Rating Agency of Aaa or AAA, as applicable, in the case of the long-term unsecured debt obligations) or , and which is a member of the FDIC (ii) with a depositary institutioneach of First Union National Bank of North Carolina, which may include the Collateral Trustee but not the Servicer or any Affiliate thereof, which is acceptable to the Rating Agency (in the case of (i) and (ii)such depository institution trust company, a "Qualified Institution"). If, at any time, The Supplement for a Series may require the institution holding the Collection Account ceases to be a Qualified Institution, the Transferor shall direct the Servicer Collateral Trustee to establish within 10 Business Days and maintain, for administrative purposes only, other Series Accounts for such Series bearing a new Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from designation clearly indicating that the date such new Collection Account is established, it shall be funds allocated thereto are held in trust for the “Collection Account.” The Servicer shall give written notice to the Transferor and the Trustee benefit of the location and account number Noteholders of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereofsuch Series. Pursuant to authority granted to it pursuant to subsection 3.1(b), the Servicer shall have the power power, revocable by the Trustee Trustee, to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement and Indenture of Trust (American Finance Group Inc /De/), Pooling and Servicing Agreement (PLM International Inc)

The Collection Account. The Servicer, for the benefit of the SecurityholdersCertificateholders, shall establish in the name of the Trustee, on behalf of the Trust, a non-interest bearing segregated account (the “Collection Account”) bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the SecurityholdersCertificateholders, and shall cause such Collection Account to be established and maintained, (i) in a segregated trust account with the corporate trust department of a depositary depository institution or trust company (which may include the Trustee but not or an Affiliate of the Servicer or any Affiliate thereofServicer) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia and with deposit insurance provided by BIF or SAIF which has at all times maintains a long-term unsecured debt deposit rating of at least Baa3 “Baa3” by Moody’s and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (therein; provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary depository institution or trust company shall have a credit rating from Moody’s and Standard & Poor’s of at least “P-1” and “A-1+ and P-1 from Moody’s +,” respectively, in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Moody’s of at least “Aa2” and from Standard & Poor’s of AAA and from Moody’s of Aaa “AAA” in the case of the long-term unsecured debt obligations) , or (ii) with a depositary depository institution, which may include the Trustee but not the Servicer or any Affiliate thereofTrustee, which is acceptable to the Rating Agency (in the case of (i) and (ii), a “Qualified Institution”). If; provided, at any timefurther, that upon the institution holding insolvency of the Servicer, the Collection Account ceases shall not be permitted to be a Qualified Institution, maintained with the Transferor shall direct the Servicer to establish within 10 Business Days a new Servicer. The Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be under the “Collection Account.controlThe Servicer shall give written notice to (within the Transferor meaning of Sections 8-106 and the Trustee 9-104 of the location and account number UCC as in effect in the applicable jurisdiction) of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereofTrustee. Pursuant to authority granted to it pursuant to subsection 3.1(b3.01(b), the Servicer shall have the revocable power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (First Usa Credit Card Master Trust)

The Collection Account. The Servicer, for the benefit of the SecurityholdersCertificateholders, shall establish in the name of the Trustee, on behalf of the Trust, a non-non- interest bearing segregated account (the "Collection Account") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the SecurityholdersCertificateholders, and shall cause such Collection Account to be established and maintained, (i) in a segregated trust account with the corporate trust department of a depositary depository institution or trust company (which may include the Trustee but not or an Affiliate of the Servicer or any Affiliate thereofServicer) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia and with deposit insurance provided by BIF or SAIF which has at all times maintains a long-term unsecured debt deposit rating of at least Baa3 "Baa3" by Moody’s 's and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (therein; provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary depository institution or trust company shall have a credit rating from Moody's and Standard & Poor’s 's of at least A-1+ "P-1" and P-1 from Moody’s "A- 1+," respectively, in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Moody's of at least "Aa2" and from Standard & Poor’s 's of AAA and from Moody’s of Aaa "AAA" in the case of the long-term unsecured debt obligations) , or (ii) with a depositary depository institution, which may include the Trustee but not the Servicer or any Affiliate thereofTrustee, which is acceptable to the Rating Agency (in the case of (i) and (ii), a "Qualified Institution"). If; provided, at any timefurther, that upon the institution holding insolvency of the Servicer, the Collection Account ceases shall not be permitted to be a Qualified Institution, maintained with the Transferor shall direct the Servicer to establish within 10 Business Days a new Servicer. The Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be under the “Collection Account.” The Servicer shall give written notice to "control" (within the Transferor meaning of Sections 8-106 and the Trustee 9-104 of the location and account number UCC as in effect in the applicable jurisdiction) of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereofTrustee. Pursuant to authority granted to it pursuant to subsection 3.1(b3.01(b), the Servicer shall have the revocable power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust), Pooling and Servicing Agreement (Bank One Delaware National Association)

The Collection Account. The Servicer, for the benefit of the SecurityholdersCertificateholders, shall establish and maintain in the name of the Trustee, on behalf of the Trust, a non-interest interest-bearing segregated account (the "Collection Account") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the SecurityholdersCertificateholders, and or shall cause such Collection Account to be established and maintained, with an office or branch of (i) in the Servicer, (ii) a segregated trust account with the corporate trust department of a depositary depository institution or trust company (which may include the Trustee but not or an Affiliate of the Servicer or any Affiliate thereofServicer) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia which has a long-term unsecured debt rating of at least Baa3 by Moody’s and whose deposits are insured to the limits with deposit insurance provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (BIF or SAIF; provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary depository institution or trust company shall have a credit rating from Moody's and Standard & Poor’s 's of at least not less than "P-1" and "A-1+ and P-1 from Moody’s ," respectively, in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Moody's of not less than "Aa3" and from Standard & Poor’s 's of AAA and from Moody’s of Aaa not less than "AA" in the case of the long-term unsecured debt obligations) , or (iiiii) with a depositary depository institution, which may include the Trustee but not the Servicer or any Affiliate thereofthe Trustee, which is acceptable to the each Rating Agency, as evidenced by a letter from such Rating Agency (as to an institution described in the case of (i) and clause (ii) or (iii), a "Qualified Institution"). If; provided, at any timefurther, that upon the institution holding failure of the Collection Account ceases Servicer to be a Qualified Institution, the Transferor shall direct the Servicer to establish within 10 Business Days a new Collection Account shall not be permitted to be maintained with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be the “Collection Account.” The Servicer shall give written notice to the Transferor and the Trustee of the location and account number of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereofServicer. Pursuant to authority granted to it pursuant to subsection 3.1(b3.01(b), the Servicer shall have the revocable power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Servicer is hereby authorized to withdraw from the Collection Account shall any funds not required by this Agreement to be under deposited into the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such accountCollection Account.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First Bankcard Master Credit Card Trust), Pooling and Servicing Agreement (First Bankcard Master Credit Card Trust)

The Collection Account. The Servicer, for the benefit of the SecurityholdersCertificateholders, shall establish in the name of the Trustee, on behalf of the Trust, a non-interest bearing segregated account (the "Collection Account") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the SecurityholdersCertificateholders, and shall cause such Collection Account to be established and maintained, (i) in a segregated trust account with the corporate trust department of a depositary depository institution or trust company (which may include the Trustee but not or an Affiliate of the Servicer or any Affiliate thereofServicer) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia and with deposit insurance provided by BIF or SAIF which has at all times maintains a long-term unsecured debt deposit rating of at least Baa3 "Baa3" by Moody’s 's and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (therein; provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-short- term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary depository institution or trust company shall have a credit rating from Moody's and Standard & Poor’s 's of at least "P-1" and "A-1+ and P-1 from Moody’s +," respectively, in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Moody's of at least "Aa2" and from Standard & Poor’s 's of AAA and from Moody’s of Aaa "AAA" in the case of the long-term unsecured debt obligations) , or (ii) with a depositary depository institution, which may include the Trustee but not the Servicer or any Affiliate thereofTrustee, which is acceptable to the Rating Agency (in the case of (i) and (ii), a "Qualified Institution"). If; provided, at any timefurther, that upon the institution holding insolvency of the Servicer, the Collection Account ceases shall not be permitted to be a Qualified Institution, maintained with the Transferor shall direct the Servicer to establish within 10 Business Days a new Servicer. The Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be under the “Collection Account.” The Servicer shall give written notice to "control" (within the Transferor meaning of Sections 8-106 and the Trustee 9-104 of the location and account number UCC as in effect in the applicable jurisdiction) of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereofTrustee. Pursuant to authority granted to it pursuant to subsection 3.1(b3.01(b), the Servicer shall have the revocable power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)

The Collection Account. The Servicer, for the benefit of the SecurityholdersCertificateholders, shall establish in the name of the Trustee, on behalf of the Trust, a non-non- interest bearing segregated account (the "Collection Account") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the SecurityholdersCertificateholders, and shall cause such Collection Account to be established and maintained, (i) in a segregated trust account with the corporate trust department of a depositary institution or trust company (which may include the Trustee but not the Servicer or any Affiliate thereofTrustee) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia which has a long-term unsecured debt rating of at least Baa3 by Moody’s 's and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary institution or trust company shall have a credit rating from Standard & Poor’s 's of at least A-1+ and P-1 from Moody’s 's in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Standard & Poor’s 's of AAA and from Moody’s 's of Aaa in the case of the long-term unsecured debt obligations) or (ii) with a depositary institution, which may include the Trustee but not the Servicer or any Affiliate thereofTrustee, which is acceptable to the Rating Agency (in the case of (i) and (ii), a "Qualified Institution"). If, at any time, the institution holding the Collection Account ceases to be a Qualified Institution, the Transferor shall direct the Servicer to establish within 10 Business Days a new Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be the "Collection Account." The Servicer shall give written notice to the Transferor and the Trustee of the location and account number of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereof. Pursuant to authority granted to it pursuant to subsection 3.1(b), the Servicer shall have the power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fingerhut Companies Inc)

The Collection Account. The Servicer, for the benefit of the SecurityholdersHolders, shall establish and maintain in the name of the Trustee, on behalf of the Trust, a non-interest bearing segregated account (the “Collection Account”"COLLECTION ACCOUNT") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the SecurityholdersHolders, and or shall cause such Collection Account to be established and maintained, with an office or branch of (i) in a segregated trust account with the corporate trust department of a depositary depository institution or trust company (which may include the Trustee but not Trustee, the Servicer or any an Affiliate thereofof the Servicer) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia which has a long-term unsecured debt rating of at least Baa3 by Moody’s and whose deposits are insured to the limits with deposit insurance provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (provided, however, BIF or SAIF; provided that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary depository institution or trust company shall have a credit rating from Moody's and Standard & Poor’s 's of at least P-1 and A-1+ and P-1 from Moody’s , respectively, in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Moody's of at least Aa3 and from Standard & Poor’s 's of AAA and from Moody’s of Aaa at least AA- in the case of the long-term unsecured debt obligations) , or (ii) with a depositary depository institution, which may include the Trustee but not the Servicer or any Affiliate thereofTrustee, which is acceptable to the each Rating Agency (in the case of (i) and (ii), a “Qualified Institution”). If, at any time, the institution holding the Collection Account ceases to be a Qualified Institution, the Transferor shall direct the Servicer to establish within 10 Business Days a new Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be the “Collection Account.” The Servicer shall give written notice to the Transferor and the Trustee of the location and account number of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereofforegoing being a "QUALIFIED INSTITUTION"). Pursuant to authority granted to it pursuant to subsection 3.1(b), the Servicer shall have the revocable power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall Any account established with a Qualified Institution pursuant to this Section 4.2 or the provisions of any Supplement which is no longer a Qualified Institution shall, on the fifth Business Day after such Qualified Institution is no longer a Qualified Institution, be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time moved to time on deposit in such accounta Qualified Institution.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Mellon Premium Finance Loan Owner Trust)

The Collection Account. The Servicer, for the benefit of the Securityholders, shall establish in the name of the Trustee, on behalf of the Trust, a non-interest bearing segregated account (the "Collection Account") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the Securityholders, and shall cause such Collection Account to be established and maintained, (i) in a segregated trust account with the corporate trust department of a depositary institution or trust company (which may include the Trustee but not the Servicer or any Affiliate thereofTrustee) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia which has a long-term unsecured debt rating of at least Baa3 by Moody’s 's and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-short- term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary institution or trust company shall have a credit rating from Standard & Poor’s 's of at least A-1+ and P-1 from Moody’s 's in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Standard & Poor’s 's of AAA and from Moody’s 's of Aaa in the case of the long-term unsecured debt obligations) or (ii) with a depositary institution, which may include the Trustee but not the Servicer or any Affiliate thereofTrustee, which is acceptable to the Rating Agency (in the case of (i) and (ii), a "Qualified Institution"). If, at any time, the institution holding the Collection Account ceases to be a Qualified Institution, the Transferor shall direct the Servicer to establish within 10 Business Days a new Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be the "Collection Account." The Servicer shall give written notice to the Transferor and the Trustee of the location and account number of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereof. Pursuant to authority granted to it pursuant to subsection 3.1(b), the Servicer shall have the power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Metris Companies Inc)

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The Collection Account. The Servicer, for the benefit of the SecurityholdersCertificateholders, shall establish in the name of the Trustee, on behalf of the Trust, a non-interest bearing segregated account (the "Collection Account") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the SecurityholdersCertificateholders, and shall cause such Collection Account to be established and maintained, with (i) in a segregated trust account with the corporate trust department of a depositary depository institution or trust company (which may include the Trustee but not or an Affiliate of the Servicer or any Affiliate thereofServicer) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia and with deposit insurance provided by BIF or SAIF which has at all times maintains a long-term unsecured debt deposit rating of at least Baa3 by Moody’s Xxxxx'x and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (therein; provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary depository institution or trust company shall have a credit rating from Xxxxx'x and Standard & Poor’s 's of at least P-1 and A-1+ and P-1 from Moody’s +, respectively, in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Xxxxx'x of at least Aa2 and from Standard & Poor’s 's of AAA and from Moody’s of Aaa in the case of the long-term unsecured debt obligations) , or (ii) with a depositary depository institution, which may include the Trustee but not the Servicer or any Affiliate thereofTrustee, which is acceptable to the Rating Agency (in the case of (i) and (ii), a "Qualified Institution"). If; provided further, at any timethat upon the insolvency of the Servicer, the institution holding the Collection Account ceases shall not be permitted to be a Qualified Institution, maintained with the Transferor shall direct the Servicer to establish within 10 Business Days a new Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be the “Collection Account.” The Servicer shall give written notice to the Transferor and the Trustee of the location and account number of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereofServicer. Pursuant to authority granted to it pursuant to subsection 3.1(b3.01(b), the Servicer shall have the revocable power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)

The Collection Account. The Servicer, for the benefit of the Securityholders, shall establish in the name of the Trustee, on behalf of the Trust, a non-interest bearing segregated account (the "Collection Account") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the Securityholders, and shall cause such Collection Account to be established and maintained, (i) in a segregated trust account with the corporate trust department of a depositary institution or trust company (which may include the Trustee but not the Servicer or any Affiliate thereofTrustee) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia which has a long-term unsecured debt rating of at least Baa3 by Moody’s 's and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary institution or trust company shall have a credit rating from Standard & Poor’s 's of at least A-1+ and P-1 from Moody’s 's in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Standard & Poor’s 's of AAA and from Moody’s 's of Aaa in the case of the long-term unsecured debt obligations) or (ii) with a depositary institution, which may include the Trustee but not the Servicer or any Affiliate thereofTrustee, which is acceptable to the Rating Agency (in the case of (i) and (ii), a "Qualified Institution"). If, at any time, the institution holding the Collection Account ceases to be a Qualified Institution, the Transferor shall direct the Servicer to establish within 10 Business Days a new Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be the "Collection Account." The Servicer shall give written notice to the Transferor and the Trustee of the location and account number of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereof. Pursuant to authority granted to it pursuant to subsection 3.1(b), the Servicer shall have the power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.. (b)

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Metris Receivables Inc)

The Collection Account. The Servicer, for the benefit of the SecurityholdersCertificateholders, shall establish in the name of the Trustee, on behalf of the Trust, a non-interest bearing segregated account (the “Collection Account”"COLLECTION ACCOUNT") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the SecurityholdersCertificateholders, and shall cause such Collection Account to be established and maintained, (i) in a segregated trust account with the corporate trust department of a depositary institution or trust company (which may include the Trustee but not the Servicer or any Affiliate thereofTrustee) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia which has a long-term unsecured debt rating of at least Baa3 by Moody’s and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (providedPROVIDED, howeverHOWEVER, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary institution or trust company shall have a credit rating from Standard & Poor’s 's of at least A-1+ and P-1 from Moody’s (and, if rated by Duff & Phelps Credit Rating Co., D-1+) in the case of the certificates of depositdxxxxxx, short-term deposits or commercial paper, or a rating from Standard & Poor’s 's of AAA and from Moody’s of Aaa (and, if rated by Duff & Phelps Credit Rating Co., AAA) in the case of the long-term unsecured debt unsecurex xxxx obligations) or (ii) with a depositary institution, which may include the Trustee but not the Servicer or any Affiliate thereofTrustee, which is acceptable to the Rating Agency (in the case of (i) and (ii), a “Qualified Institution”"QUALIFIED INSTITUTION"). If, at any time, the institution holding the Collection Account ceases to be a Qualified Institution, the Transferor shall direct the Servicer to establish within 10 Business Days a new Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be the “Collection Account.” The Servicer shall give written notice to the Transferor and the Trustee of the location and account number of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereof. Pursuant to authority granted to it pursuant to subsection 3.1(b), the Servicer shall have the revocable power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Apparel Retailers Inc)

The Collection Account. The Servicer, for the benefit of the SecurityholdersHolders, shall establish and maintain in the name of the Trustee, on behalf of the Trust, a non-interest bearing segregated account (the "Collection Account") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the SecurityholdersHolders, and or shall cause such Collection Account to be established and maintained, with an office or branch of (i) in a segregated trust account with the corporate trust department of a depositary depository institution or trust company (which may include the Trustee but not the Trustee, Servicer or any an Affiliate thereofof Servicer) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia which has a long-term unsecured debt rating of at least Baa3 by Moody’s and whose deposits are insured to the limits with deposit insurance provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (provided, however, BIF or SAIF; provided that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary depository institution or trust company shall have a credit rating from Moody's and Standard & Poor’s 's of at least P-1 and A-1+ and P-1 from Moody’s , respectively, in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Moody's of at least Aa3 and from Standard & Poor’s 's of AAA and from Moody’s of Aaa at least AA- in the case of the long-term unsecured debt obligations) , or (ii) with a depositary depository institution, which may include the Trustee but not the Servicer or any Affiliate thereofTrustee, which is acceptable to the each Rating Agency (in any of the case of (i) and (ii), foregoing being a "Qualified Institution"). If, at any time, the institution holding the Collection Account ceases to be a Qualified Institution, the Transferor shall direct the Servicer to establish within 10 Business Days a new Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be the “Collection Account.” The Servicer shall give written notice to the Transferor and the Trustee of the location and account number of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereof. Pursuant to authority granted to it pursuant to subsection 3.1(b), the Servicer shall have the revocable power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall Any account established with a Qualified Institution pursuant to this Section 4.2 or the provisions of any Supplement which is no longer a Qualified Institution shall, on the fifth Business Day after such Qualified Institution is no longer a Qualified Institution, be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time moved to time on deposit in such accounta Qualified Institution.

Appears in 1 contract

Samples: Mellon Bank Premium Finance Loan Master Trust

The Collection Account. The Servicer, for the benefit of the Securityholders, shall establish in the name of the Trustee, on behalf of the Trust, a non-interest bearing segregated account (the "Collection Account") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the Securityholders, and shall cause such Collection Account to be established and maintained, (i) in a segregated trust deposit account with the corporate trust department of a depositary institution or trust company com- pany (which may include the Trustee but not the Servicer or any Affiliate thereofTrustee) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia Columbia, which at all times has a short-term rating of P-1 by Moody's and of A-1+ by Standard & Poor's or long-term unsecured debt rating of at least Baa3 by Moody’s and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long term unsecured debt obligations obligation (other than any such obligation whose the rating of which is based on collateral or on the credit of a Person other than such institution or trust company) rating of such depositary institution or trust company shall have a credit rating from at least Aa3 by Moody's and of AAA by Standard & Poor’s of at least A-1+ 's and P-1 from Moody’s in deposit insurance provided by the case of the certificates of depositFDIC, short-term deposits or commercial paper, or a rating from Standard & Poor’s of AAA and from Moody’s of Aaa in the case of the long-term unsecured debt obligations) or (ii) in a segregated trust account with the corporate trust department of a depositary institution, which may include the Trustee but not the Servicer or any Affiliate thereofTrustee, which is acceptable to the Rating Agency rated at least Baa3 by Moody's (in the case of (i) and (ii), a "Qualified Institution"). If, at any time, the institution holding the Collection Account ceases to be a Qualified Institution, the Transferor shall direct the Servicer to establish within 10 Business Days a new Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be the "Collection Account." The Servicer shall give written notice to the Transferor and the Trustee of the location and account number of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereof. Pursuant to authority granted to it pursuant to subsection 3.1(b), the Servicer shall have the power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fingerhut Receivables Inc)

The Collection Account. The Servicer, for the benefit of the Securityholders, shall establish in the name of the Trustee, on behalf of the Trust, a non-interest bearing segregated account (the "Collection Account") bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the Securityholders, and shall cause such Collection Account to be established and maintained, (i) in a segregated trust account with the corporate trust department of a depositary institution or trust company (which may include the Trustee but not the Servicer or any Affiliate thereof) organized under the laws of the United States of America or any one of the states thereof or the District of Columbia which has a long-term unsecured debt rating of at least Baa3 by Moody’s 's and whose deposits are insured to the limits provided by law by the FDIC having corporate trust powers and acting as trustee for funds deposited therein (provided, however, that such account need not be maintained as a segregated trust account with the corporate trust department of such institution if at all times the certificates of deposit, short-term deposits or commercial paper or the long long-term unsecured debt obligations (other than such obligation whose rating is based on collateral or on the credit of a Person other than such institution or trust company) of such depositary institution or trust company shall have a credit rating from Standard & Poor’s 's of at least A-1+ and P-1 from Moody’s 's in the case of the certificates of deposit, short-term deposits or commercial paper, or a rating from Standard & Poor’s 's of AAA and from Moody’s 's of Aaa in the case of the long-term unsecured debt obligations) or (ii) with a depositary institution, which may include the Trustee but not the Servicer or any Affiliate thereof, which is acceptable to the Rating Agency (in the case of (i) and (ii), a "Qualified Institution"). If, at any time, the institution holding the Collection Account ceases to be a Qualified Institution, the Transferor shall direct the Servicer to establish within 10 Business Days a new Collection Account with a Qualified Institution, transfer any cash and/or any investments to such new Collection Account and from the date such new Collection Account is established, it shall be the "Collection Account." The Servicer shall give written notice to the Transferor and the Trustee of the location and account number of the Collection Account and shall notify the Transferor and the Trustee in writing prior to any subsequent change thereof. Pursuant to authority granted to it pursuant to subsection 3.1(b), the Servicer shall have the power revocable by the Trustee to withdraw funds from the Collection Account for the purposes of carrying out its duties hereunder. The Collection Account shall be under the sole dominion and control of the Trustee and the Trustee shall possess all right, title and interest in all funds from time to time on deposit in such account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Metris Master Trust)

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