Common use of Accumulation Account Clause in Contracts

Accumulation Account. We authorize you as our agent and attorney in fact and as Depositors to purchase and accumulate Debt Obligations for deposit in the Trust. Debt Obligations so purchased shall be deposited in an "Accumulation Account" and shall hereafter be referred to as the "Underlying Debt Obligations." The Underlying Debt Obligations shall consist of obligations of the type and quality described in the Prospectus. We agree that you shall have no liability with respect to the issue, form, validity, legality, enforceability, value of, tax status or title to the Underlying Debt Obligations. We authorize you to execute on our behalf an appropriate "investment letter" with respect to any Underlying Debt Obligations purchased on a private placement basis. You are authorized to sell, exchange or otherwise dispose of Underlying Debt Obligations from the Accumulation Account, including those Underlying Debt Obligations purchased for the Accumulation Account but not deposited in the Trust, for such consideration as you shall deem appropriate and in the best interests of the Accumulation Account. All profits and losses from such transactions shall be included in the final computation of profit and losses of the Accumulation Account. All profits and losses from the purchase, accumulation and deposit of the Underlying Debt Obligations in the Trust, adjusted to reflect expenses and carrying charges, shall be recorded in the Accumulation Account and shall be shared among the Underwriters in accord with their respective elections set forth in Schedule B. In addition, you are authorized to deduct from the Accumulation Account the costs of any advertising that you purchase on behalf of you and all the Underwriters in accordance with Section 15 hereof. As Depositors, you shall be entitled to all remaining profit and, correspondingly, shall be obligated for all losses of the Accumulation Account not expressly allocated among the Underwriters in accord with such elections. We authorize you to purchase Underlying Debt Obligations for the Accumulation Account from any seller, including you and any of the Underwriters. Such purchases may be at the current market price then in effect (as reasonably determined by you); provided, however, if any Underwriter is a member of a syndicate underwriting an original issue and is prohibited by price restrictions of the syndicate from reselling Debt Obligations at less than a certain price, then the purchase C/M 11939.0001 406222.1 4 price of such Underlying Debt Obligations to the Accumulation Account shall be the lowest price permitted by such restrictions. We shall furnish to you in writing any information regarding Underlying Debt Obligations sold by us to the Accumulation Account which you deem necessary for inclusion in the Prospectus, including the date on which such Debt Obligations were acquired by us, the price of acquisition, and, if the sale is made by us as a member of another underwriting syndicate, our takedown retained as a member of such syndicate. If Underlying Debt Obligations purchased from us were initially acquired by us from the manager of a syndicate of which we are or were a member or manager, we agree that there shall be furnished to you in writing such estimates as to our participation in the profit to the syndicate resulting from such sale as may be practicable under the circumstances. If at any time prior to the deposit of Underlying Debt Obligations in the Trust you shall determine that it is impracticable or inadvisable to complete the acquisition of Underlying Debt Obligations because of unfavorable market conditions or for other reasons adversely affecting such acquisition or the offering of Units hereunder, we authorize you to sell for the Accumulation Account the Underlying Debt Obligations acquired prior to such determination in such manner, at such times and at such prices as you shall deem advisable. As soon as practicable after all of the Underlying Debt Obligations have been sold pursuant to this paragraph, this Agreement shall be terminated and our account hereunder settled in the manner stated in Section 13.

Appears in 1 contract

Samples: Municipal Securities Trust Series 46 & 74th Discount Ser

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Accumulation Account. We authorize you as our agent and attorney in fact and as Depositors Depositor to purchase and accumulate Debt Obligations for deposit in the Trust. Debt Obligations so purchased shall be deposited in an "Accumulation Account" and shall hereafter be referred to as the "Underlying Debt Obligations." The Underlying Debt Obligations shall consist of obligations of the type and quality described in the Prospectus. We agree that you shall have no liability with respect to the issue, form, validity, legality, enforceability, value of, tax status or title to the Underlying Debt Obligations. We authorize you to execute on our behalf an appropriate "investment letter" with respect to any Underlying Debt Obligations purchased on a private placement basis. You are authorized to sell, exchange or otherwise dispose of Underlying Debt Obligations from the Accumulation Account, including those Underlying Debt Obligations purchased for the Accumulation Account but not deposited in the Trust, for such consideration as you shall deem appropriate and in the best interests of the Accumulation Account. All profits and losses from such transactions shall be included in the final computation of profit and losses of the Accumulation Account. All profits and losses from the purchase, accumulation and deposit of the Underlying Debt Obligations in the Trust, adjusted to reflect expenses and carrying charges, shall be recorded in the Accumulation Account and shall be shared among the Underwriters in accord with their respective elections set forth in Schedule B. In addition, you are authorized to deduct from the Accumulation Account the costs of any advertising that you purchase on behalf of you and all the Underwriters in accordance with Section 15 hereof. As Depositors, you shall be entitled to all remaining profit and, correspondingly, shall be obligated for all losses of the Accumulation Account not expressly allocated among the Underwriters in accord with such elections. We authorize you to purchase Underlying Debt Obligations for the Accumulation Account from any seller, including you and any of the Underwriters. Such purchases may be at the current market price then in effect (as reasonably determined by you); provided, however, if any Underwriter is a member of a syndicate underwriting an original issue and is prohibited by price restrictions of the syndicate from reselling Debt Obligations at less than a certain price, then the purchase C/M 11939.0001 406222.1 4 price of such Underlying Debt Obligations to the Accumulation Account shall be the lowest price permitted by such restrictions. We shall furnish to you in writing any information regarding Underlying Debt Obligations sold by us to the Accumulation Account which you deem necessary for inclusion in the Prospectus, including the date on which such Debt Obligations were acquired by us, the price of acquisition, and, if the sale is made by us as a member of another underwriting syndicate, our takedown retained as a member of such syndicate. If Underlying Debt Obligations purchased from us were initially acquired by us from the manager of a syndicate of which we are or were a member or manager, we agree that there shall be furnished to you in writing such estimates as to our participation in the profit to the syndicate resulting from such sale as may be practicable under the circumstances. If at any time prior to the deposit of Underlying Debt Obligations in the Trust you shall determine that it is impracticable or inadvisable to complete the acquisition of Underlying Debt Obligations because of unfavorable market conditions or for other reasons adversely affecting such acquisition or the offering of Units hereunder, we authorize you to sell for the Accumulation Account the Underlying Debt Obligations acquired prior to such determination in such manner, at such times and at such prices as you shall deem advisable. As soon as practicable after all of the Underlying Debt Obligations have been sold pursuant to this paragraph, this Agreement shall be terminated and our account hereunder settled in the manner stated in Section 13.

Appears in 1 contract

Samples: Municipal Securities Trust 40 and 68th Discount Series

Accumulation Account. We authorize you as our agent and attorney in attorney-in-fact and as Depositors Depositor to purchase and accumulate Debt Obligations or Securities, as the case may be, for deposit in the Trust. Debt Obligations or Securities, as the case may be, so purchased shall be deposited in an "Accumulation Account" and shall hereafter be referred to as the "Underlying Debt Obligations" or "Underlying Securities." The Underlying Debt Obligations or Underlying Securities shall consist of obligations of the type and quality described in the Prospectus. We agree that you shall have no liability with respect to the issue, form, validity, legality, enforceability, value of, tax status or title to the Underlying Debt ObligationsObligations or Underlying Securities. We authorize you to execute on our behalf an appropriate "investment letter" with respect to any Underlying Debt Obligations or Underlying Securities purchased on a private placement basis. You are authorized to sell, exchange or otherwise dispose of Underlying Debt Obligations or Underlying Securities from the Accumulation Account, including those Underlying Debt Obligations or Underlying Securities purchased for the Accumulation Account but not deposited in the Trust, for such consideration as you shall deem appropriate and in the best interests of the Accumulation Account. All profits and losses from such transactions shall be included in the final computation of profit profits and losses of the Accumulation Account. All profits and losses from the purchase, accumulation and deposit of the Underlying Debt Obligations or Underlying Securities in the Trust, adjusted to reflect expenses and carrying charges, shall be recorded in the Accumulation Account and shall be shared among the Underwriters in accord with their respective elections set forth in Schedule B. In addition, you are authorized to deduct from the Accumulation Account the costs of any advertising that you purchase on behalf of you and all the Underwriters in accordance with Section 15 hereof. As DepositorsDepositor, you shall be entitled to all remaining profit and, correspondingly, shall be obligated for all losses of the Accumulation Account not expressly allocated among the Underwriters in accord with such elections. We authorize you to purchase Underlying Debt Obligations or Underlying Securities for the Accumulation Account from any seller, including you and any of the Underwriters. Such purchases may be at the current market price then in effect (as reasonably determined by you); provided, however, if any Underwriter is a member of a syndicate underwriting an original issue and is prohibited by price restrictions of the syndicate from reselling Debt Obligations or Securities at less than a certain price, then the purchase C/M 11939.0001 406222.1 4 price of such Underlying Debt Obligations or Underlying Securities to the Accumulation Account shall be the lowest price permitted by such restrictions. We shall furnish to you in writing any information regarding Underlying Debt Obligations or Underlying Securities sold by us to the Accumulation Account which you deem necessary for inclusion in the Prospectus, including the date on which such Debt Obligations or Securities were acquired by us, the price of acquisition, and, if the sale is made by us as a member of another underwriting syndicate, our takedown retained as a member of such syndicate. If Underlying Debt Obligations or Underlying Securities purchased from us were initially acquired by us from the manager of a syndicate of which we are or were a member or manager, we agree that there shall be furnished to you in writing such estimates as to our participation in the profit to the syndicate resulting from such sale as may be practicable under the circumstances. If at any time prior to the deposit of Underlying Debt Obligations or Underlying Securities in the Trust you shall determine that it is impracticable or inadvisable to complete the acquisition of Underlying Debt Obligations or Underlying Securities because of unfavorable market conditions or for other reasons adversely affecting such acquisition or the offering of Units hereunder, we authorize you to sell for the Accumulation Account the Underlying Debt Obligations or Underlying Securities acquired prior to such determination in such manner, at such times and at such prices as you shall deem advisable. As soon as practicable practicable, after all of the Underlying Debt Obligations or Underlying Securities have been sold pursuant to this paragraph, this Agreement shall be terminated and our account hereunder settled in the manner stated in Section 13.

Appears in 1 contract

Samples: Equity Securities Trust Series 6

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Accumulation Account. We authorize you as our agent and attorney in fact and as Depositors Depositor to purchase and accumulate Debt Obligations for deposit in the Trust. Debt Obligations so purchased shall be deposited in an "Accumulation Account" and shall hereafter be referred to as the "Underlying Debt Obligations." ". The Underlying Debt Obligations shall consist of obligations of the type and quality described in the Prospectus. We agree that you shall have no liability with respect to the issue, form, validity, legality, enforceability, value of, tax status or title to the Underlying Debt Obligations. We authorize you to execute on our behalf an appropriate "investment letter" with respect to any Underlying Debt Obligations purchased on a private placement basis. You are authorized to sell, . exchange or otherwise dispose of Underlying Debt Obligations from the Accumulation Account, including those Underlying Debt Obligations purchased for the Accumulation Account but not deposited in the Trust, for such consideration as you shall deem appropriate and in the best interests of the Accumulation Account. All profits and losses from such transactions shall be included in the final computation of profit and losses of the Accumulation Account. All profits and losses from the purchase, accumulation and deposit of the Underlying Debt Obligations in the Trust, . adjusted to reflect expenses and carrying charges, shall be recorded in the Accumulation Account and shall be shared among the Underwriters in accord with their respective elections set forth in Schedule B. In addition, you are authorized to deduct from on the Accumulation Account the costs of any advertising that you purchase on behalf of you and all the Underwriters in accordance with Section 15 signature page hereof. As Depositors, Depositor. you shall be entitled to all remaining profit and, and correspondingly, shall be obligated for all losses of the Accumulation Account not expressly allocated among the Underwriters in accord with such elections. The principal amount of the Underlying Debt Obligations to be purchased shall not exceed $1,000 per Unit and their average cost to the Accumulation Account shall not exceed $1,025 per Unit. We authorize you to purchase Underlying Debt Obligations for the Accumulation Account from any seller, including you and any of the Underwriters. Such purchases may be at the current market price then in effect (as reasonably determined by you); provided, however, if any Underwriter is a member of a syndicate underwriting an original issue and is prohibited by price restrictions of the syndicate from reselling Debt Obligations at less than a certain price, then the purchase C/M 11939.0001 406222.1 4 price of such Underlying Debt Obligations to the Accumulation Account shall be the lowest price permitted by such restrictions. We shall furnish to you in writing any information regarding Underlying Debt Obligations sold by us to the Accumulation Account which you deem necessary for inclusion in the Prospectus, including the date on which such Debt Obligations were acquired by us, the price of acquisition, and, if the sale is made by us as a member of another underwriting syndicate, our takedown retained as a member of such syndicate. If Underlying Debt Obligations purchased from us were initially acquired by us from the manager of a syndicate of which we are or were a member or manager, we agree that there shall be furnished to you in writing such estimates as to our participation in the profit to the syndicate resulting from such sale as may be practicable under the circumstances. If at any time prior to the deposit of Underlying Debt Obligations in the Trust you shall determine that it is impracticable or inadvisable to complete the acquisition of Underlying Debt Obligations because of unfavorable market conditions or for other reasons adversely affecting such acquisition or the offering of Units hereunder, we authorize you to sell for the Accumulation Account the Underlying Debt Obligations acquired prior to such determination in such manner, at such times and at such prices as you shall deem advisable. As soon as practicable after all of the Underlying Debt Obligations have been sold pursuant to this paragraph, this Agreement shall be terminated and our account hereunder settled in the manner stated in Section 1312.

Appears in 1 contract

Samples: Municipal Securities Trust 40 and 68th Discount Series

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