Common use of Assets Not Properly Released Clause in Contracts

Assets Not Properly Released. If the Purchase Contract Agent or any Holder shall receive any principal payments on account of financial assets credited to the Collateral Account and not released from the Collateral Account in accordance with this Agreement, the Purchase Contract Agent or such Holder shall hold the same as trustee of an express trust for the benefit of the Company and, upon receipt of an Officers' Certificate (as defined in the Purchase Contract Agreement) of the Company so directing, shall promptly deliver the same to the Securities Intermediary for credit to the Collateral Account or to the Company for application to the Obligations of the Holders under the related Purchase Contracts, and the Purchase Contract Agent and Holders shall acquire no right, title or interest in any such payments of principal so received. Neither the Purchase Contract Agent nor any Holder receiving such payments of principal shall have any duties under this Section until it shall have been notified in writing that a principal payment was delivered erroneously. Neither the Purchase Contract Agent nor any Holder receiving such payments of principal shall be liable for any actions with respect to such principal payment taken, suffered or omitted in accordance with any other provisions of this Agreement prior to its receipt of such notice.