Common use of Accounts; Deposits to and Distributions from Accounts Clause in Contracts

Accounts; Deposits to and Distributions from Accounts. On or before the Issuance Date, the Indenture Trustee shall cause to be established and maintained four Eligible Accounts denominated as follows: the “Series 2010-1 Interest Funding Account,” the “Series 2010-1 Principal Funding Account,” the “Series 2010-1 Negative Carry Account” and the “Series 2010-1 Spread Account” (collectively, the “Series 2010-1 Accounts”) in the name of the Indenture Trustee, bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Series 2010-1 Noteholders. If on any day during the Revolving Period the amounts on deposit in the Series 2010-1 Principal Funding Account exceed the amount required to maintain the Seller’s Invested Amount at the Minimum Seller’s Invested Amount, the Issuer may withdraw such excess from the Series 2010-1 Principal Funding Account and treat such amount as “Excess Available Principal Amounts;” provided, however, that such excess shall only be released if after giving effect to all distributions and deposits on such day the amount on deposit in the Series 2010-1 Spread Account on such day equals or exceeds the Spread Account Required Amount as of such day. The Indenture Trustee shall possess all right, title and interest to all funds on deposit from time to time in each of the Series 2010-1 Accounts and in all proceeds therefrom, for the benefit of the Secured Parties. For the avoidance of doubt, it shall be a condition precedent to the withdrawal from the Series 2010-1 Principal Funding Account and the treatment of those funds as Excess Available Principal Amounts that, and no funds shall be withdrawn from the Series 2010-1 Principal Funding Account unless, on a pro forma basis after giving effect to such withdrawal and application and all other deposits, withdrawals and applications to made on such date, the Seller’s Invested Amount shall not be less than the Minimum Seller’s Invested Amount, the funds on deposit in the Series 2010-1 Spread Account shall not be less than the Spread Account Required Amount, the funds on deposit in the Series 2010-1 Negative Carry Account shall not be less than the Required Negative Carry Account Balance, and all other enhancement will not be less than the required amount and there is no writedown of the Series 2010-1 Overcollateralization Amount, the Series 2010-1 Collateral Amount or the Outstanding Principal Amount of any Series 2010-1 Notes, in each case, after giving effect to such deposits, withdrawals and applications. The Series 2010-1 Accounts constitute Supplemental Accounts and shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 2010-1 Noteholders. If, at any time, the institution holding any Series 2010-1 Account ceases to be an Eligible Institution, the Issuer shall within 15 Business Days (or such longer period, not to exceed 30 calendar days, as to which each Note Rating Agency may consent) establish a new applicable Series 2010-1 Account, that is an Eligible Account and shall transfer any cash and/or investments to such new Series 2010-1 Account. From the date such new Series 2010-1 Account is established, it shall be a Series 2010-1 Account, bearing the name of the Series 2010-1 Account it has replaced.

Appears in 2 contracts

Samples: Navistar Financial Dealer Note (Navistar Financial Dealer Note Master Owner Trust), Navistar Financial Dealer Note (Navistar Financial Corp)

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Accounts; Deposits to and Distributions from Accounts. On or before the Issuance Effective Date, the Indenture Trustee Issuer shall cause to be established and maintained four Eligible three or more Qualified Accounts denominated as follows: (the “Series 2010-1 Interest "Collection Account", the "Excess Funding Account,” the “Series 2010-1 Principal Funding Account,” the “Series 2010-1 Negative Carry Account” " and the “Series 2010-1 Spread "Backup Servicer Account” (collectively, the “Series 2010-1 Accounts”") in the name of the Indenture Trustee, each bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Series 2010-1 Noteholders. If on any day during the Revolving Period the amounts on deposit in the Series 2010-1 Principal Funding Account exceed the amount required to maintain the Seller’s Invested Amount at the Minimum Seller’s Invested AmountIndenture Trustee, the Issuer may withdraw such excess from the Series 2010-1 Principal Funding Account Noteholders and treat such amount as “Excess Available Principal Amounts;” provided, however, that such excess shall only be released if after giving effect to all distributions and deposits on such day the amount on deposit in the Series 2010-1 Spread Account on such day equals or exceeds the Spread Account Required Amount as of such dayany applicable Enhancement Provider. The Indenture Trustee shall possess all right, title and interest to all funds on deposit from From time to time in each connection with the issuance of a Series or Class of Notes, the Indenture Trustee may establish one or more Qualified Accounts denominated as "Supplemental Accounts" in the name of the Series 2010-1 Accounts and in all proceeds therefromIndenture Trustee. The Collection Account, for the benefit of the Secured Parties. For the avoidance of doubt, it shall be a condition precedent to the withdrawal from the Series 2010-1 Principal Excess Funding Account and the treatment of those funds as Excess Available Principal Amounts that, and no funds shall be withdrawn from the Series 2010-1 Principal Funding Backup Servicer Account unless, on a pro forma basis after giving effect to such withdrawal and application and all other deposits, withdrawals and applications to made on such date, the Seller’s Invested Amount shall not be less than the Minimum Seller’s Invested Amount, the funds on deposit in the Series 2010-1 Spread Account shall not be less than the Spread Account Required Amount, the funds on deposit in the Series 2010-1 Negative Carry Account shall not be less than the Required Negative Carry Account Balance, and all other enhancement will not be less than the required amount and there is no writedown of the Series 2010-1 Overcollateralization Amount, the Series 2010-1 Collateral Amount or the Outstanding Principal Amount of any Series 2010-1 Notes, in each case, after giving effect to such deposits, withdrawals and applications. The Series 2010-1 Accounts constitute Supplemental Accounts and shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 2010-1 NoteholdersSecured Parties. If, at any time, the institution holding any Series 2010-1 the Collection Account ceases to be an Eligible a Qualified Institution, the Issuer shall within 15 ten (10) Business Days (or such longer period, not to exceed 30 thirty (30) calendar days, as to which each Note Rating Agency may consentconsent in writing) establish a new applicable Series 2010-1 Collection Account, Excess Funding Account or Backup Servicer Account that is an Eligible a Qualified Account and shall transfer any cash and/or investments to such new Series 2010-1 Collection Account or new Excess Funding Account, as the case may be. From the date such new Series 2010-1 Collection Account or new Excess Funding Account is established, it shall be a Series 2010-1 the "Collection Account", bearing the name "Excess Funding Account" or "Backup Servicer Account", as the case may be. Supplemental Accounts shall be created as specified in the applicable Indenture Supplement. Any Supplemental Account shall receive deposits as set forth in the applicable Indenture Supplement. All payments to be made from time to time by or on behalf of the Series 2010Indenture Trustee to Noteholders (or in respect of Backup Servicer Fees and Expenses, to the Person entitled thereto) out of funds in the Accounts pursuant to this Indenture shall be made by or on behalf of the Indenture Trustee to the Paying Agent not later than 12:00 noon New York City time on the applicable Payment Date or earlier, if necessary, or as otherwise provided in Article V or the applicable Indenture Supplement but only to the extent of available funds in the applicable Supplemental Account or Sub-1 Account it has replacedAccount.

Appears in 1 contract

Samples: CNH Wholesale Receivables Inc

Accounts; Deposits to and Distributions from Accounts. On or before the Issuance Date, the Indenture Trustee shall cause to be established and maintained four Eligible Accounts denominated as follows: the “Series 20102009-1 Interest Funding Account,” the “Series 20102009-1 Principal Funding Account,” the “Series 20102009-1 Negative Carry Account” and the “Series 20102009-1 Spread Account” (collectively, the “Series 20102009-1 Accounts”) in the name of the Indenture Trustee, bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Series 20102009-1 Noteholders. If on any day during the Revolving Period the amounts on deposit in the Series 20102009-1 Principal Funding Account exceed the amount required to maintain the Seller’s Invested Amount at the Minimum Seller’s Invested Amount, the Issuer may withdraw such excess from the Series 20102009-1 Principal Funding Account and treat such amount as “Excess Available Principal Amounts;” provided, however, that such excess shall only be released if after giving effect to all distributions and deposits on such day the amount on deposit in the Series 20102009-1 Spread Account on such day equals or exceeds the Spread Account Required Amount as of such day. The Indenture Trustee shall possess all right, title and interest to all funds on deposit from time to time in each of the Series 20102009-1 Accounts and in all proceeds therefrom, for the benefit of the Secured Parties. For the avoidance of doubt, it shall be a condition precedent to the withdrawal from the Series 20102009-1 Principal Funding Account and the treatment of those funds as Excess Available Principal Amounts that, and no funds shall be withdrawn from the Series 20102009-1 Principal Funding Account unless, on a pro forma basis after giving effect to such withdrawal and application and all other deposits, withdrawals and applications to made on such date, the Seller’s Invested Amount shall not be less than the Minimum Seller’s Invested Amount, the funds on deposit in the Series 20102009-1 Spread Account shall not be less than the Spread Account Required Amount, the funds on deposit in the Series 20102009-1 Negative Carry Account shall not be less than the Required Negative Carry Account Balance, and all other enhancement will not be less than the required amount and there is no writedown of the Series 20102009-1 Overcollateralization Amount, the Series 20102009-1 Collateral Amount or the Outstanding Principal Amount of any Series 20102009-1 Notes, in each case, after giving effect to such deposits, withdrawals and applications. The Series 20102009-1 Accounts constitute Supplemental Accounts and shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 20102009-1 Noteholders. If, at any time, the institution holding any Series 20102009-1 Account ceases to be an Eligible Institution, the Issuer shall within 15 Business Days (or such longer period, not to exceed 30 calendar days, as to which each Note Rating Agency may consent) establish a new applicable Series 20102009-1 Account, that is an Eligible Account and shall transfer any cash and/or investments to such new Series 20102009-1 Account. From the date such new Series 20102009-1 Account is established, it shall be a Series 20102009-1 Account, bearing the name of the Series 20102009-1 Account it has replaced.

Appears in 1 contract

Samples: Navistar Financial Dealer Note (Navistar Financial Dealer Note Master Owner Trust)

Accounts; Deposits to and Distributions from Accounts. On or before the Issuance Date, the Indenture Trustee shall cause to be established and maintained four Eligible Accounts denominated as follows: the “Series 20102004-1 Interest Funding Account,” the “Series 20102004-1 Principal Funding Account,” the “Series 20102004-1 Negative Carry Account” and the “Series 20102004-1 Spread Account” (collectively, the “Series 20102004-1 Accounts”) in the name of the Indenture Trustee, bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Series 20102004-1 Noteholders. If on any day during the Revolving Period the amounts on deposit in the Series 20102004-1 Principal Funding Account exceed the amount required to maintain the Seller’s Invested Amount at the Minimum Seller’s Invested Amount, the Issuer may withdraw such excess from the Series 20102004-1 Principal Funding Account and treat such amount as “Excess Available Principal Amounts;” provided, however, that such excess shall only be released if after giving effect to all distributions and deposits on such day the amount on deposit in the Series 20102004-1 Spread Account on such day equals or exceeds the Spread Account Required Amount as of such day. The Indenture Trustee shall possess all right, title and interest to all funds on deposit from time to time in each of the Series 20102004-1 Accounts and in all proceeds therefrom, for the benefit of the Secured Parties. For the avoidance of doubt, it shall be a condition precedent to the withdrawal from the Series 20102004-1 Principal Funding Account and the treatment of those funds as Excess Available Principal Amounts that, and no funds shall be withdrawn from the Series 20102004-1 Principal Funding Account unless, on a pro forma basis after giving effect to such withdrawal and application and all other deposits, withdrawals and applications to made on such date, the Seller’s Invested Amount shall not be less than the Minimum Seller’s Invested Amount, and after taking into account such increase or such conversion to Dealer Notes or receivables, the funds on deposit in the Series 20102004-1 Spread Account shall not be less than the Spread Account Required Amount, the funds on deposit in the Series 20102004-1 Negative Carry Account shall not be less than the Required Negative Carry Account Balance, and all other enhancement will not be less than the required amount and there is no writedown of the Series 20102004-1 Overcollateralization Amount, the Series 20102004-1 Collateral Amount or the Outstanding Principal Amount Note balance of any Series 2010-1 Noteskind, in each case, after giving effect to such withdrawals, applications and deposits, withdrawals and applications. The Series 20102004-1 Accounts constitute Supplemental Accounts and shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 20102004-1 Noteholders. If, at any time, the institution holding any Series 20102004-1 Account ceases to be an Eligible Institution, the Issuer shall within 15 Business Days (or such longer period, not to exceed 30 calendar days, as to which each Note Rating Agency may consent) establish a new applicable Series 20102004-1 Account, that is an Eligible Account and shall transfer any cash and/or investments to such new Series 20102004-1 Account. From the date such new Series 20102004-1 Account is established, it shall be a Series 20102004-1 Account, bearing the name of the Series 20102004-1 Account it has replaced.

Appears in 1 contract

Samples: Navistar Financial Dealer Note (Navistar Financial Dealer Note Master Trust)

Accounts; Deposits to and Distributions from Accounts. On or before the Issuance Date, the Indenture Trustee shall cause to be established and maintained four three Eligible Accounts denominated as follows: the “Series 2010-1 Interest Funding Account"SERIES 200_-_ INTEREST FUNDING ACCOUNT," the “Series 2010-1 Principal Funding Account,” the “Series 2010-1 Negative Carry Account” "SERIES 200_-_ PRINCIPAL FUNDING ACCOUNT" and the “Series 2010-1 Spread Account” "SPREAD ACCOUNT" (collectively, the “Series 2010-1 Accounts”"SERIES 200_-_ ACCOUNTS") in the name of the Indenture Trustee, bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Series 2010-1 200_-__ Noteholders. During the Revolving Period, the Issuer shall be entitled to make deposits and withdrawals from the Series 200_-_ Principal Funding Account at such times which in its sole discretion it deems necessary or advisable. If on any day during the Revolving Period the amounts on deposit in the Series 2010-1 200_-_ Principal Funding Account exceed the amount required to maintain the Seller’s 's Invested Amount at the Minimum Seller’s 's Invested Amount, the Issuer may withdraw such excess from the Series 2010-1 200_-_ Principal Funding Account and treat such amount as "Excess Available Principal Amounts;” provided, however, that such excess shall only be released if after giving effect to all distributions and deposits on such day the amount on deposit in the Series 2010-1 Spread Account on such day equals or exceeds the Spread Account Required Amount as of such day. ." The Indenture Trustee shall possess all right, title and interest to all funds on deposit from time to time in each of the Series 2010-1 200_-_ Accounts and in all proceeds therefrom, for the benefit of the Secured Parties. For the avoidance of doubt, it shall be a condition precedent to the withdrawal from the Series 2010-1 Principal Funding Account and the treatment of those funds as Excess Available Principal Amounts that, and no funds shall be withdrawn from the Series 2010-1 Principal Funding Account unless, on a pro forma basis after giving effect to such withdrawal and application and all other deposits, withdrawals and applications to made on such date, the Seller’s Invested Amount shall not be less than the Minimum Seller’s Invested Amount, the funds on deposit in the Series 2010-1 Spread Account shall not be less than the Spread Account Required Amount, the funds on deposit in the Series 2010-1 Negative Carry Account shall not be less than the Required Negative Carry Account Balance, and all other enhancement will not be less than the required amount and there is no writedown of the Series 2010-1 Overcollateralization Amount, the Series 2010-1 Collateral Amount or the Outstanding Principal Amount of any Series 2010-1 Notes, in each case, after giving effect to such deposits, withdrawals and applications. The Series 2010-1 200_-_ Accounts constitute Supplemental Accounts and shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 2010-1 200_-_ Noteholders. If, at any time, the institution holding any Series 2010-1 200_-_ Account ceases to be an Eligible Institution, the Issuer shall within 15 Business Days (or such longer period, not to exceed 30 calendar days, as to which each Note Rating Agency may consent) establish a new applicable Series 2010-1 200_-_ Account, that is an Eligible Account and shall transfer any cash and/or investments to such new Series 2010-1 200_-_ Account. From the date such new Series 2010-1 200_-_ Account is established, it shall be a Series 2010-1 200_-_ Account, bearing the name of the Series 2010-1 200_-_ Account it has replaced.

Appears in 1 contract

Samples: Indenture (Navistar Financial Dealer Note Master Trust)

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Accounts; Deposits to and Distributions from Accounts. On or before the Issuance Date, the Indenture Trustee shall cause to be established and maintained four Eligible Accounts denominated as follows: the “Series 20102005-1 Interest Funding Account,” the “Series 20102005-1 Principal Funding Account,” the “Series 20102005-1 Negative Carry Account” and the “Series 20102005-1 Spread Account” (collectively, the “Series 20102005-1 Accounts”) in the name of the Indenture Trustee, bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Series 20102005-1 Noteholders. If on any day during the Revolving Period the amounts on deposit in the Series 20102005-1 Principal Funding Account exceed the amount required to maintain the Seller’s Invested Amount at the Minimum Seller’s Invested Amount, the Issuer may withdraw such excess from the Series 20102005-1 Principal Funding Account and treat such amount as “Excess Available Principal Amounts;” provided, however, that such excess shall only be released if after giving effect to all distributions and deposits on such day the amount on deposit in the Series 20102005-1 Spread Account on such day equals or exceeds the Spread Account Required Amount as of such day. The Indenture Trustee shall possess all right, title and interest to all funds on deposit from time to time in each of the Series 20102005-1 Accounts and in all proceeds therefrom, for the benefit of the Secured Parties. For the avoidance of doubt, it shall be a condition precedent to the withdrawal from the Series 20102005-1 Principal Funding Account and the treatment of those funds as Excess Available Principal Amounts that, and no funds shall be withdrawn from the Series 20102005-1 Principal Funding Account unless, on a pro forma basis after giving effect to such withdrawal and application and all other deposits, withdrawals and applications to made on such date, the Seller’s Invested Amount shall not be less than the Minimum Seller’s Invested Amount, and after taking into account such increase or such conversion to Dealer Notes or receivables, the funds on deposit in the Series 20102005-1 Spread Account shall not be less than the Spread Account Required Amount, the funds on deposit in the Series 20102005-1 Negative Carry Account shall not be less than the Required Negative Carry Account Balance, and all other enhancement will not be less than the required amount and there is no writedown of the Series 20102005-1 Overcollateralization Amount, the Series 20102005-1 Collateral Amount or the Outstanding Principal Amount Note balance of any Series 2010-1 Noteskind, in each case, after giving effect to such withdrawals, applications and deposits, withdrawals and applications. The Series 20102005-1 Accounts constitute Supplemental Accounts and shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 20102005-1 Noteholders. If, at any time, the institution holding any Series 20102005-1 Account ceases to be an Eligible Institution, the Issuer shall within 15 Business Days (or such longer period, not to exceed 30 calendar days, as to which each Note Rating Agency may consent) establish a new applicable Series 20102005-1 Account, that is an Eligible Account and shall transfer any cash and/or investments to such new Series 20102005-1 Account. From the date such new Series 20102005-1 Account is established, it shall be a Series 20102005-1 Account, bearing the name of the Series 20102005-1 Account it has replaced.

Appears in 1 contract

Samples: Navistar Financial Dealer Note Master (Navistar Financial Dealer Note Master Trust)

Accounts; Deposits to and Distributions from Accounts. On or before the Issuance Effective Date, the Indenture Trustee shall Issuer will cause to be established and maintained four one or more Eligible Deposit Accounts denominated as follows: the “Series 2010-1 Interest Funding Account,” the “Series 2010-1 Principal Funding Account,” the “Series 2010-1 Negative Carry Account” and the “Series 2010-1 Spread Account” (collectively, the “Series 2010-1 Accounts”"DEPOSIT ACCOUNT") in the name of the Indenture Trustee, bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Indenture Trustee, the Noteholders and any applicable Enhancement Provider. All Receipts received from the Master Trust pursuant to ARTICLE IV of the Pooling and Servicing Agreement as supplemented by the Series 2010-1 NoteholdersSupplement shall be deposited into the Deposit Account. If on any day during From time to time in connection with the Revolving Period issuance of a series or class of Notes, the amounts on deposit Indenture Trustee may establish one or more Eligible Deposit Accounts denominated as "SUPPLEMENTAL ACCOUNTS" in the Series 2010-1 Principal Funding Account exceed name of the amount required to maintain the Seller’s Invested Amount at the Minimum Seller’s Invested Amount, the Issuer may withdraw such excess from the Series 2010-1 Principal Funding Account and treat such amount as “Excess Available Principal Amounts;” provided, however, that such excess shall only be released if after giving effect to all distributions and deposits on such day the amount on deposit in the Series 2010-1 Spread Account on such day equals or exceeds the Spread Account Required Amount as of such dayIndenture Trustee. The Indenture Trustee shall possess all right, title and interest to in all funds on deposit from time to time in each of the Series 2010-1 Accounts Deposit Account and in all proceeds therefrom, thereof for the benefit of the Secured Parties. For Except as expressly provided in this Indenture, the avoidance Indenture Trustee shall have no right of doubt, it shall be a condition precedent to the withdrawal from the Series 2010set-1 Principal Funding Account and the treatment of those funds as Excess Available Principal Amounts that, off or banker's lien against and no right to otherwise deduct from any funds shall be withdrawn from the Series 2010-1 Principal Funding Account unless, on a pro forma basis after giving effect to such withdrawal and application and all other deposits, withdrawals and applications to made on such date, the Seller’s Invested Amount shall not be less than the Minimum Seller’s Invested Amount, the funds on deposit held in the Series 2010-1 Spread Deposit Account shall not be less than the Spread Account Required Amount, the funds on deposit in the Series 2010-1 Negative Carry Account shall not be less than the Required Negative Carry Account Balance, and all other enhancement will not be less than the required amount and there is no writedown of the Series 2010-1 Overcollateralization Amount, the Series 2010-1 Collateral Amount or the Outstanding Principal Amount of Supplemental Accounts for any Series 2010-1 Notesamount owed to it by the Issuer, in each case, after giving effect to such deposits, withdrawals and applicationsany Holder or any Enhancement Provider. The Series 2010-1 Accounts constitute Supplemental Accounts and Deposit Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 2010-1 NoteholdersSecured Parties. If, at any time, the institution holding any Series 2010-1 the Deposit Account ceases to be an Eligible Institution, the Issuer shall will within 15 ten (10) Business Days (or such longer period, not to exceed 30 thirty (30) calendar days, as to which each Note Rating Agency may consentconsent in writing) establish a new applicable Series 2010-1 Account, Deposit Account that is an a Eligible Deposit Account and shall transfer any cash and/or investments to such new Series 2010-1 Deposit Account. From the date such new Series 2010-1 Deposit Account is established, it shall will be a Series 2010-1 the "Deposit Account, bearing ." Supplemental Accounts will be created as specified in the name of applicable Indenture Supplement. Any Supplemental Account will receive deposits as set forth in the Series 2010-1 Account it has replacedapplicable Indenture Supplement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Navistar Financial Dealer Note Master Trust)

Accounts; Deposits to and Distributions from Accounts. On or before the Issuance Effective Date, the Indenture Trustee Issuer shall cause to be established and maintained four Eligible three or more Qualified Accounts denominated as follows: (the “Series 2010-1 Interest "Collection Account", the "Excess Funding Account,” " and 42 MASTER INDENTURE the “Series 2010-1 Principal Funding "Backup Servicer Account,” the “Series 2010-1 Negative Carry Account” and the “Series 2010-1 Spread Account” (collectively, the “Series 2010-1 Accounts”") in the name of the Indenture Trustee, each bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Series 2010-1 Noteholders. If on any day during the Revolving Period the amounts on deposit in the Series 2010-1 Principal Funding Account exceed the amount required to maintain the Seller’s Invested Amount at the Minimum Seller’s Invested AmountIndenture Trustee, the Issuer may withdraw such excess from the Series 2010-1 Principal Funding Account Noteholders and treat such amount as “Excess Available Principal Amounts;” provided, however, that such excess shall only be released if after giving effect to all distributions and deposits on such day the amount on deposit in the Series 2010-1 Spread Account on such day equals or exceeds the Spread Account Required Amount as of such dayany applicable Enhancement Provider. The Indenture Trustee shall possess all right, title and interest to all funds on deposit from From time to time in each connection with the issuance of a Series or Class of Notes, the Indenture Trustee may establish one or more Qualified Accounts denominated as "Supplemental Accounts" in the name of the Series 2010-1 Accounts and in all proceeds therefromIndenture Trustee. The Collection Account, for the benefit of the Secured Parties. For the avoidance of doubt, it shall be a condition precedent to the withdrawal from the Series 2010-1 Principal Excess Funding Account and the treatment of those funds as Excess Available Principal Amounts that, and no funds shall be withdrawn from the Series 2010-1 Principal Funding Backup Servicer Account unless, on a pro forma basis after giving effect to such withdrawal and application and all other deposits, withdrawals and applications to made on such date, the Seller’s Invested Amount shall not be less than the Minimum Seller’s Invested Amount, the funds on deposit in the Series 2010-1 Spread Account shall not be less than the Spread Account Required Amount, the funds on deposit in the Series 2010-1 Negative Carry Account shall not be less than the Required Negative Carry Account Balance, and all other enhancement will not be less than the required amount and there is no writedown of the Series 2010-1 Overcollateralization Amount, the Series 2010-1 Collateral Amount or the Outstanding Principal Amount of any Series 2010-1 Notes, in each case, after giving effect to such deposits, withdrawals and applications. The Series 2010-1 Accounts constitute Supplemental Accounts and shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Series 2010-1 NoteholdersSecured Parties. If, at any time, the institution holding any Series 2010-1 the Collection Account ceases to be an Eligible a Qualified Institution, the Issuer shall within 15 ten (10) Business Days (or such longer period, not to exceed 30 thirty (30) calendar days, as to which each Note Rating Agency may consentconsent in writing) establish a new applicable Series 2010-1 Collection Account, Excess Funding Account or Backup Servicer Account that is an Eligible a Qualified Account and shall transfer any cash and/or investments to such new Series 2010-1 Collection Account or new Excess Funding Account, as the case may be. From the date such new Series 2010-1 Collection Account or new Excess Funding Account is established, it shall be a Series 2010-1 the "Collection Account", bearing the name "Excess Funding Account" or "Backup Servicer Account", as the case may be. Supplemental Accounts shall be created as specified in the applicable Indenture Supplement. Any Supplemental Account shall receive deposits as set forth in the applicable Indenture Supplement. All payments to be made from time to time by or on behalf of the Series 2010Indenture Trustee to Noteholders (or in respect of Backup Servicer Fees and Expenses, to the Person entitled thereto) out of funds in the Accounts pursuant to this Indenture shall be made by or on behalf of the Indenture Trustee to the Paying Agent not later than 12:00 noon New York City time on the applicable Payment Date or earlier, if necessary, or as otherwise provided in Article V or the applicable Indenture Supplement but only to the extent of available funds in the applicable Supplemental Account or Sub-1 Account it has replacedAccount.

Appears in 1 contract

Samples: CNH Wholesale Receivables Inc

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