Amounts Not Distributed Clause Samples
The "Amounts Not Distributed" clause defines how funds or assets that are not allocated or distributed at a particular time are to be handled. Typically, this clause specifies whether such undistributed amounts are to be retained, invested, or carried forward for future distribution, and may outline the conditions under which they can later be distributed or used. Its core practical function is to provide clear guidance on the management of unallocated resources, ensuring transparency and preventing disputes over how these amounts are treated within the agreement.
Amounts Not Distributed. Any amount withdrawn for distribution as payment of interest or principal on any Certificate but which is not distributed because of the non-presentation of such Certificate, because the check for payment is returned undelivered or because the Holder thereof has failed to deliver payment instructions to the Trustee or the Paying Agent, shall be set aside and held by the Trustee or the Paying Agent in a separate trust account for the benefit of the Holder. Any such amount shall be deemed to have been duly distributed for the purpose of all calculations under this Agreement and will not be available for application to any other amounts payable under this Agreement. If such amount is an amount representing part of a final distribution pursuant to Section 9.01, the Trustee and the Paying Agent shall comply with the procedure set forth in the last paragraph of Section 9.01. After two years from the original date on which such amount was due and payable to the Holder, any amount remaining in such separate trust account shall be distributed to the Class R Certificates, and after such distribution such Holder shall be required to seek payment as an unsecured general creditor of the Class R Certificateholders.
Amounts Not Distributed. Any amount withdrawn for distribution as payment of interest or principal on any Certificate but which is not distributed because of the non-presentation of such Certificate, because the check for payment is returned undelivered or because the Holder thereof has failed to deliver payment instructions to the Trustee, shall be set aside and held by the Trustee in a separate trust account for the benefit of the Holder. Any such amount shall be deemed to have been duly distributed for the purpose of all calculations under this Agreement and will not be available for application to any other amounts payable under this Agreement. If such amount is an amount representing part of a final distribution pursuant to Section 9.01, the Trustee shall comply with the 45 procedure set forth in the last paragraph of Section 9.01. After two years from the original date on which such amount was due and payable to the Holder, any amount remaining in such separate trust account shall be distributed to the Class LR or Class R Certificates, as appropriate, and after such distribution such Holder shall be required to seek payment as an unsecured general creditor of the Class LR or Class R Certificateholders, as applicable.