Common use of Cross assignment Clause in Contracts

Cross assignment. Notwithstanding any provision in this Indenture and Servicing Agreement, the Issuer shall not receive any distributions pursuant to Section 4.04(b)(x)(E), Section 4.05(b) and Section 4.05(d) (collectively, the "99-1 Distributions") during any period of time that any amount remains payable to the Noteholders, the Trustee, the Servicer, the Back-up Servicer or the Note Insurer and any such amounts shall be deposited to or remain on deposit in the Reserve Account, as applicable. Upon payment in full of all amounts to the Noteholders, the Trustee, the Servicer, the Back-up Servicer, and the Note Insurer, the Trustee shall pay (i) all amounts otherwise payable to the Issuer to the "Trustee" for deposit under the "Indenture and Servicing Agreement" and the other "Transaction Documents" to the "Reserve Account" as such terms are defined in and pursuant to that certain Indenture and Servicing Agreement dated as of March 31, 1999, among Midland Funding 98-A Corporation, as "Issuer" ("Funding 98-A"); Well▇ ▇▇▇go Minnesota Bank N.A., fka Norwest Bank Minnesota, National Association, as Trustee and Back-Up Servicer; Midland Credit Management, Inc., as Servicer; and Asset Guaranty Insurance Company, as Note Insurer (the "99-A Indenture") provided that if at such time all amounts payable under the 99-A Indenture and the "Transaction Documents" related thereto, as defined in the 99-A Indenture have been paid to the "Noteholders," the "Trustee," the "Servicer," the "Back-up Servicer" and the "Note Insurer" as each are defined in and pursuant to the 99-A Indenture, then amounts payable to the Issuer shall be so paid to the Issuer pursuant to this Indenture and Servicing Agreement. Any amounts received by the Trustee from the "Trustee" under the 99-A Indenture shall be deposited by the Trustee into the Reserve Account, shall for all purposes become part of the Reserve Account, and shall be held, invested, and disbursed by the Trustee pursuant to the Indenture and Servicing Agreement. The Issuer is willing to agree to the terms of this Section 12.12 in consideration of (i) the amendments made to the terms of the First Amendment hereto, dated as of September 22, 2000; and (ii) the similar cross-assignment by Funding 99-A in that certain Third Amendment to Indenture and Servicing Agreement regarding the 99-A Indenture of even date therewith, and further agrees that the "Trustee" under the 99-A Indenture and the "Note Insurer" thereunder are entitled to enforce the Issuer's rights to have the Trustee make the cross-assignment of funds to the "Trustee" of the 99-A Indenture required pursuant to this Section 12.

Cross assignment. Notwithstanding any provision in this Indenture and Servicing Agreement, the Issuer shall not receive any distributions pursuant to Section 4.04(b)(x)(E4.04(b)(xii)(C), Section 4.05(b) and Section 4.05(d) (collectively, the "99-1 A Distributions") during any period of time that any amount remains payable to the Noteholders, the Trustee, the Servicer, the Back-up Servicer or the Note Insurer and any such amounts shall be deposited to or remain on deposit in the Reserve Account, as applicable. Upon payment in full of all amounts to the Noteholders, the Trustee, the Servicer, the Back-up Servicer, and the Note Insurer, the Trustee shall pay (i) all amounts otherwise payable to the Issuer to the "Trustee" for deposit under the "Indenture and Servicing Agreement" and the other "Transaction Documents" to the "Reserve Account" as such terms are defined in and pursuant to that certain Indenture and Servicing Agreement dated as of March 31January 14, 19992000, among Midland Funding 98Receivables 99-A 1 Corporation, as "Issuer" ("Funding 98Receivables 99-A1"); Well▇ ▇▇▇go Bank Minnesota Bank N.A., fka Norwest Bank Minnesota, National Association, as Trustee and Back-Up Servicer; Midland Credit Management, Inc., as Servicer; and Asset Guaranty Insurance Company, as Note Insurer (the "99-A 1 Indenture") provided that if at such time all amounts payable under the 99-A 1 Indenture and the "Transaction Documents" related thereto, as defined in the 99-A 1 Indenture have been paid to the "Noteholders," the "Trustee," the "Servicer," the "Back-up Servicer" and the "Note Insurer" as each are defined in and pursuant to the 99-A 1 Indenture, then amounts payable to the Issuer shall be so paid to the Issuer pursuant to this Indenture and Servicing Agreement. Any amounts received by the Trustee from the "Trustee" under the 99-A 1 Indenture shall be deposited by the Trustee into the Reserve Account, shall for all purposes become part of the Reserve Account, and shall be held, invested, and disbursed by the Trustee pursuant to the this Indenture and Servicing Agreement. The Issuer is willing to agree to the terms of this Section 12.12 in consideration of (i) the amendments Amendments made pursuant to the terms of the First Amendment No. 3 hereto, dated as of September 22, 2000; and (ii) the similar cross-assignment by Funding Receivables 99-A 1 in that certain Third Amendment to Indenture and Servicing Agreement regarding the 99-A 1 Indenture of even date therewithit herewith, and further agrees that the "Trustee" under the 99-A 1 Indenture and the "Note Insurer" thereunder are entitled to enforce the Issuer's rights to have the Trustee make the cross-assignment of funds to the "Trustee" of the 99-A Indenture required pursuant to this Section 12.are