Common use of Designation Clause in Contracts

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 1999-D Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") and the Class B 6.50% Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999-D (the "Collateral Interest"). (b) Series 1999-D shall be included in Group One (as defined below). Series 1999-D shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2025-1.” The Series 2025-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992025-D (the "Class A Certificates") and the Class B 6.501 4.56% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2025-1 4.96% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2025-1” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2025-1 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992025-D 1 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992025-D 1 shall be an Excess Allocation Series. Series 2025-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2025-1 shall be the March 2025 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include February 28, 2025. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2025-1 Certificates by issuing and selling additional Series 2025-1 Certificates. Any additional Series 2025-1 Certificates so issued shall be treated, for all purpose, like the Series 2025-1 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2025-1 shall be a Repurchase Reporting Series. (f) Series 2025-1 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2025-1 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2025-1.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2026-1.” The Series 2026-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992026-D (the "Class A Certificates") and the Class B 6.501 4.99% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2026-1 5.39% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2026-1” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2026-1 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992026-D 1 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992026-D 1 shall be an Excess Allocation Series. Series 2026-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date after the Closing Date with respect to Series 2026-1 shall be the October 2026 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2026. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2026-1 Certificates by issuing and selling additional Series 2026-1 Certificates. Any additional Series 2026-1 Certificates so issued shall be treated, for all purposes, like the Series 2026-1 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2026-1 shall be a Repurchase Reporting Series. (f) Series 2026-1 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2026-1 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2026-1.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 1999-D I Certificates." The two classes shall be designated the Class A Floating Rate 6.40% Asset Backed Certificates, Series 1999-D I (the "Class A Certificates") and the Class B 6.506.70% Asset Backed Certificates, Series 1999-D I (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999-D I (the "Collateral Interest"). (b) Series 1999-D I shall be included in Group One (as defined below). Series 1999-D I shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Series Supplement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as "American Express Credit Account Master Trust, Series 2000-4." The Series 2000-4 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the Class A Series 2000-4 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") " and the Class B 6.50% Asset Backed Certificates, Series 1999-D (second of which shall be known as the "Class B Series 2000-4 Floating Rate Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. ." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the "Collateral Interest, Series 2000-4" and which shall be deemed to be an "Investor CertificateCertificates" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term "Tax Opinion" in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2000-4 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992000-D 4 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992000-D 4 shall be an Excess Allocation Series. Series 2000-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2000-4 shall be the July 2000 Distribution Date and the first Monthly Period shall begin on and include the Closing Date, and end on and include July 24, 2000. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Credit Account Master Trust), Pooling and Servicing Agreement (American Express Centurion Bank)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2022-4.” The Series 2022-4 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992022-D (the "Class A Certificates") and the Class B 6.504 4.95% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2022-4 5.23% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2022-4” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2022-4 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992022-D 4 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992022-D 4 shall be an Excess Allocation Series. Series 2022-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2022-4 shall be the December 2022 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include November 31, 2022. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2022-4 Certificates by issuing and selling additional Series 2022-4 Certificates. Any additional Series 2022-4 Certificates so issued shall be treated, for all purpose, like the Series 2022-4 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2022-4 shall be a Repurchase Reporting Series. (f) Series 2022-4 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2022-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2022-4.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2023-1.” The Series 2023-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992023-D (the "Class A Certificates") and the Class B 6.501 4.87% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2023-1 5.12% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2023-1” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-1 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992023-D 1 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992023-D 1 shall be an Excess Allocation Series. Series 2023-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-1 shall be the July 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include June 30, 2023. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-1 Certificates by issuing and selling additional Series 2023-1 Certificates. Any additional Series 2023-1 Certificates so issued shall be treated, for all purpose, like the Series 2023-1 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2023-1 shall be a Repurchase Reporting Series. (f) Series 2023-1 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-1 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-1.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2023-2.” The Series 2023-2 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992023-D (the "Class A Certificates") and the Class B 6.502 4.80% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2023-2 5.12% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2023-2” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-2 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992023-D 2 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992023-D 2 shall be an Excess Allocation Series. Series 2023-2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-2 shall be the July 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include June 30, 2023. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-2 Certificates by issuing and selling additional Series 2023-2 Certificates. Any additional Series 2023-2 Certificates so issued shall be treated, for all purpose, like the Series 2023-2 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2023-2 shall be a Repurchase Reporting Series. (f) Series 2023-2 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-2 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-2.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 1999-D J Certificates." The two classes shall be designated the Class A Floating Rate 7.00% Asset Backed Certificates, Series 1999-D J (the "Class A Certificates") and the Class B 6.507.40% Asset Backed Certificates, Series 1999-D J (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999-D J (the "Collateral Interest"). (b) Series 1999-D J shall be included in Group One (as defined below). Series 1999-D J shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 1999-D B Certificates." The two classes shall be designated the Class A Floating Rate 5.90% Asset Backed Certificates, Series 1999-D B (the "Class A Certificates") and the Class B 6.506.20% Asset Backed Certificates, Series 1999-D B (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999-D B (the "Collateral Interest"). (b) Series 1999-D B shall be included in Group One (as defined below). Series 1999-D B shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement Supplement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2022-2.” The Series 2022-2 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992022-D (the "Class A Certificates") and the Class B 6.502 3.39% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2022-2 3.61% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2022-2” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2022-2 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992022-D 2 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992022-D 2 shall be an Excess Allocation Series. Series 2022-2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2022-2 shall be the June 2022 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include May 31, 2022. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2022-2 Certificates by issuing and selling additional Series 2022-2 Certificates. Any additional Series 2022-2 Certificates so issued shall be treated, for all purpose, like the Series 2022-2 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2022-2 shall be a Repurchase Reporting Series. (f) Series 2022-2 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2022-2 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2022-2.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2023-4.” The Series 2023-4 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992023-D (the "Class A Certificates") and the Class B 6.504 5.15% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2023-4 5.46% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2023-4” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-4 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992023-D 4 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992023-D 4 shall be an Excess Allocation Series. Series 2023-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-4 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-4 Certificates by issuing and selling additional Series 2023-4 Certificates. Any additional Series 2023-4 Certificates so issued shall be treated, for all purpose, like the Series 2023-4 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2023-4 shall be a Repurchase Reporting Series. (f) Series 2023-4 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-4.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2018-9.” The Series 2018-9 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2018-9 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2018-9 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2018-9” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2018-9 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992018-D 9 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992018-D 9 shall be an Excess Allocation Series. Series 2018-9 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2018-9 shall be the October 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2018. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2018-9 Certificates by issuing and selling additional Series 2018-9 Certificates. Any additional Series 2018-9 Certificates so issued shall be treated, for all purpose, like the Series 2018-9 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2018-9 shall be a Repurchase Reporting Series. (f) Series 2018-9 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2018-9 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2018-9.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2017-2.” The Series 2017-2 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2017-2 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2017-2 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2017-2” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2017-2 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992017-D 2 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992017-D 2 shall be an Excess Allocation Series. Series 2017-2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2017-2 shall be the March 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include February 28, 2017. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferors may, from time to time, increase the amount of the Series 2017-2 Certificates by issuing and selling additional Series 2017-2 Certificates. Any additional Series 2017-2 Certificates so issued shall be treated, for all purpose, like the Series 2017-2 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2017-2 shall be a Repurchase Reporting Series. (f) Series 2017-2 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2017-2 with respect to any Rating Agency (other than Moody’s) then rating Series 2017-2.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19992000-D I Certificates." The two classes shall be designated the Class A Floating Rate 6.90% Asset Backed Certificates, Series 19992000-D I (the "Class A Certificates") and the Class B 6.507.15% Asset Backed Certificates, Series 19992000-D I (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19992000-D I (the "Collateral Interest"). (b) Series 19992000-D I shall be included in Group One (as defined below). Series 19992000-D I shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19992000-D A Certificates." The two classes shall be designated the Class A Floating Rate 7.35% Asset Backed Certificates, Series 19992000-D A (the "Class A Certificates") and the Class B 6.507.55% Asset Backed Certificates, Series 19992000-D A (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19992000-D A (the "Collateral Interest"). (b) Series 19992000-D A shall be included in Group One (as defined below). Series 19992000-D A shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19992000-D E Certificates." The two classes shall be designated the Class A Floating Rate 7.80% Asset Backed Certificates, Series 19992000-D E (the "Class A Certificates") and the Class B 6.508.15% Asset Backed Certificates, Series 19992000-D E (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19992000-D E (the "Collateral Interest"). (b) Series 19992000-D E shall be included in Group One (as defined below). Series 19992000-D E shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2024-2.” The Series 2024-2 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992024-D (the "Class A Certificates") and the Class B 6.502 5.24% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2024-2 5.51% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2024-2” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2024-2 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992024-D 2 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992024-D 2 shall be an Excess Allocation Series. Series 2024-2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2024-2 shall be the May 2024 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include April 30, 2024. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2024-2 Certificates by issuing and selling additional Series 2024-2 Certificates. Any additional Series 2024-2 Certificates so issued shall be treated, for all purpose, like the Series 2024-2 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2024-2 shall be a Repurchase Reporting Series. (f) Series 2024-2 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2024-2 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2024-2.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 1999-D G Certificates." The two classes shall be designated the Class A Floating Rate 6.35% Asset Backed Certificates, Series 1999-D G (the "Class A Certificates") and the Class B 6.506.60% Asset Backed Certificates, Series 1999-D G (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999-D G (the "Collateral Interest"). (b) Series 1999-D G shall be included in Group One (as defined below). Series 1999-D G shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Series Supplement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2025-3.” The Series 2025-3 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992025-D (the "Class A Certificates") and the Class B 6.503 4.51% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2025-3 4.83% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2025-3” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2025-3 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992025-D 3 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992025-D 3 shall be an Excess Allocation Series. Series 2025-3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2025-3 shall be the June 2025 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include May 31, 2025. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2025-3 Certificates by issuing and selling additional Series 2025-3 Certificates. Any additional Series 2025-3 Certificates so issued shall be treated, for all purpose, like the Series 2025-3 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2025-3 shall be a Repurchase Reporting Series. (f) Series 2025-3 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2025-3 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2025-3.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2024-3.” The Series 2024-3 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992024-D (the "Class A Certificates") and the Class B 6.503 4.65% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2024-3 5.08% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2024-3” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2024-3 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992024-D 3 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992024-D 3 shall be an Excess Allocation Series. Series 2024-3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2024-3 shall be the August 2024 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include July 31, 2024. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2024-3 Certificates by issuing and selling additional Series 2024-3 Certificates. Any additional Series 2024-3 Certificates so issued shall be treated, for all purpose, like the Series 2024-3 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2024-3 shall be a Repurchase Reporting Series. (f) Series 2024-3 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2024-3 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2024-3.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2021-1.” The Series 2021-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992021-D (the "Class A Certificates") and the Class B 6.501 0.90% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2021-1 1.10% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2021-1” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2021-1 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992021-D 1 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992021-D 1 shall be an Excess Allocation Series. Series 2021-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2021-1 shall be the December 2021 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include November 30, 2021. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2021-1 Certificates by issuing and selling additional Series 2021-1 Certificates. Any additional Series 2021-1 Certificates so issued shall be treated, for all purpose, like the Series 2021-1 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2021-1 shall be a Repurchase Reporting Series. (f) Series 2021-1 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2021-1 with respect to any Rating Agency (other than Moody’s) then rating Series 2021-1.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2019-2.” The Series 2019-2 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992019-D (the "Class A Certificates") and the Class B 6.502 2.67% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2019-2 2.86% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2019-2” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2019-2 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992019-D 2 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992019-D 2 shall be an Excess Allocation Series. Series 2019-2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2019-2 shall be the May 2019 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include April 30, 2019. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2019-2 Certificates by issuing and selling additional Series 2019-2

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19991998-D Certificates." The two classes shall be designated the Class A Floating Rate 5.80% Asset Backed Certificates, Series 19991998-D (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19991998-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19991998-D (the "Collateral Interest"). (b) Series 19991998-D shall be included in Group One (as defined below). Series 19991998-D shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2017-3.” The Series 2017-3 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992017-D (the "Class A Certificates") and the Class B 6.503 1.77% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2017-3 1.92% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2017-3” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2017-3 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992017-D 3 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992017-D 3 shall be an Excess Allocation Series. Series 2017-3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2017-3 shall be the March 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include April 30, 2017. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferors may, from time to time, increase the amount of the Series 2017-3 Certificates by issuing and selling additional Series 2017-3 Certificates. Any additional Series 2017-3 Certificates so issued shall be treated, for all purpose, like the Series 2017-3 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2017-3 shall be a Repurchase Reporting Series. (f) Series 2017-3 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2017-3 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2017-3.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2018-3.” The Series 2018-3 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2018-3 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2018-3 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2018-3” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2018-3 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992018-D 3 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992018-D 3 shall be an Excess Allocation Series. Series 2018-3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2018-3 shall be the April 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include March 31, 2018. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferors may, from time to time, increase the amount of the Series 2018-3 Certificates by issuing and selling additional Series 2018-3 Certificates. Any additional Series 2018-3 Certificates so issued shall be treated, for all purpose, like the Series 2018-3 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2018-3 shall be a Repurchase Reporting Series. (f) Series 2018-3 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2018-3 with respect to any Rating Agency (other than Moody’s) then rating Series 2018-3.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2017-8.” The Series 2017-8 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2017-8 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2017-8 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2017-8” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2017-8 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992017-D 8 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992017-D 8 shall be an Excess Allocation Series. Series 2017-8 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2017-8 shall be the November 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include October 31, 2017. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferors may, from time to time, increase the amount of the Series 2017-8 Certificates by issuing and selling additional Series 2017-8 Certificates. Any additional Series 2017-8 Certificates so issued shall be treated, for all purpose, like the Series 2017-8 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2017-8 shall be a Repurchase Reporting Series. (f) Series 2017-8 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2017-8 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2017-8.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2018-6.” The Series 2018-6 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992018-D (the "Class A Certificates") and the Class B 6.506 3.06% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2018-6 3.25% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2018-6” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2018-6 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992018-D 6 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992018-D 6 shall be an Excess Allocation Series. Series 2018-6 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2018-6 shall be the August 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include July 31, 2018. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2018-6 Certificates by issuing and selling additional Series 2018-6 Certificates. Any additional Series 2018-6 Certificates so issued shall be treated, for all purpose, like the Series 2018-6 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2018-6 shall be a Repurchase Reporting Series. (f) Series 2018-6 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2018-6 with respect to any Rating Agency (other than Moody’s) then rating Series 2018-6.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2017-6.” The Series 2017-6 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992017-D (the "Class A Certificates") and the Class B 6.506 2.04% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2017-6 2.20% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2017-6” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2017-6 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992017-D 6 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992017-D 6 shall be an Excess Allocation Series. Series 2017-6 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2017-6 shall be the November 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include October 31, 2017. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferors may, from time to time, increase the amount of the Series 2017-6 Certificates by issuing and selling additional Series 2017-6 Certificates. Any additional Series 2017-6 Certificates so issued shall be treated, for all purpose, like the Series 2017-6 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2017-6 shall be a Repurchase Reporting Series. (f) Series 2017-6 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2017-6 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2017-6.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2017-4.” The Series 2017-4 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992017-D (the "Class A Certificates") and the Class B 6.504 1.64% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2017-4 1.82% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2017-4” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2017-4 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992017-D 4 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992017-D 4 shall be an Excess Allocation Series. Series 2017-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2017-4 shall be the June 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include May 31, 2017. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferors may, from time to time, increase the amount of the Series 2017-4 Certificates by issuing and selling additional Series 2017-4 Certificates. Any additional Series 2017-4 Certificates so issued shall be treated, for all purpose, like the Series 2017-4 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2017-4 shall be a Repurchase Reporting Series. (f) Series 2017-4 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2017-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2017-4.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2023-3.” The Series 2023-3 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992023-D (the "Class A Certificates") and the Class B 6.503 5.23% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2023-3 5.52% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2023-3” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2023-3 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992023-D 3 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992023-D 3 shall be an Excess Allocation Series. Series 2023-3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2023-3 shall be the October 2023 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2023. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2023-3 Certificates by issuing and selling additional Series 2023-3 Certificates. Any additional Series 2023-3 Certificates so issued shall be treated, for all purpose, like the Series 2023-3 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2023-3 shall be a Repurchase Reporting Series. (f) Series 2023-3 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2023-3 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2023-3.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2018-2.” The Series 2018-2 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992018-D (the "Class A Certificates") and the Class B 6.502 3.01% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2018-2 3.18% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2018-2” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2018-2 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992018-D 2 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992018-D 2 shall be an Excess Allocation Series. Series 2018-2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2018-2 shall be the April 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include March 31, 2018. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferors may, from time to time, increase the amount of the Series 2018-2 Certificates by issuing and selling additional Series 2018-2 Certificates. Any additional Series 2018-2 Certificates so issued shall be treated, for all purpose, like the Series 2018-2 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2018-2 shall be a Repurchase Reporting Series. (f) Series 2018-2 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2018-2 with respect to any Rating Agency (other than Moody’s) then rating Series 2018-2.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "National City Credit Card Master Trust, Series 19992000-D Certificates1." The two classes Series 2000-1 Certificates shall be designated issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 19992000-D (1" and the second of which shall be known as the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19992000-D (the "Class B Certificates"). 1." The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits EXHIBITS A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19992000-D 1 (the "Collateral InterestCOLLATERAL INTEREST"). (b) Series 19992000-D 1 shall be included in Group One (as defined below). Series 19992000-D 1 shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article ARTICLE VI and Article ARTICLE XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section SECTION 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section SECTION 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2000-1 shall be the October 2000 Distribution Date and the first Monthly Period shall be the period from the Closing Date until September 30, 2000.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (National City Credit Card Master Trust), Pooling and Servicing Agreement (National City Credit Card Master Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2024-1.” The Series 2024-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992024-D (the "Class A Certificates") and the Class B 6.501 5.23% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2024-1 5.50% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2024-1” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2024-1 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992024-D 1 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992024-D 1 shall be an Excess Allocation Series. Series 2024-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2024-1 shall be the May 2024 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include April 30, 2024. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2024-1 Certificates by issuing and selling additional Series 2024-1 Certificates. Any additional Series 2024-1 Certificates so issued shall be treated, for all purpose, like the Series 2024-1 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2024-1 shall be a Repurchase Reporting Series. (f) Series 2024-1 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2024-1 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2024-1.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 1999-D M Certificates." The two classes shall be designated the Class A Floating Rate 6.60% Asset Backed Certificates, Series 1999-D M (the "Class A Certificates") and the Class B 6.506.80% Asset Backed Certificates, Series 1999-D M (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999-D M (the "Collateral Interest"). (b) Series 1999-D M shall be included in Group One (as defined below). Series 1999-D M shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Series Supplement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series consisting of an Investor Certificates Certificate to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 1999-D Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates“Capital One Master Trust, Series 19992002-D (the "Class A Certificates") and the Class B 6.50% Asset Backed Certificates, CC.” The Series 19992002-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which CC Certificate shall be known as the Collateral Interest“Asset Backed Certificate, Series 19992002-D CC.” The Series 2002-CC Certificate shall constitute a “security” within the meaning of (i) Article 8 of the "Collateral Interest")Uniform Commercial Code (including Section 8-102(a)(15) thereof) as in effect from time to time in the State of New York and (ii) the Uniform Commercial Code of any other applicable jurisdiction that presently or hereafter substantially includes the 1994 revisions to Article 8 thereof as adopted by the American Law Institute and the National Conference of Commissioners on Uniform State Laws and approved by the American Bar Association on February 14, 1995. (b) Series 19992002-D CC shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 19992002-D CC shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2002-CC shall be the November 2002 Distribution Date. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall be entitled govern. (d) This Supplement is the Series 2002-CC Supplement referred to in the benefits Transfer and Administration Agreement, dated as of October 9, 2002, among Capital One Multi-asset Execution Trust, as issuer, the Agreement Transferor, as transferor, Capital One Bank (USA), National Association, as administrator, and this Series Supplement upon payment by the Collateral Interest Holder The Bank of amounts owing on the Closing Date New York Mellon, as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except indenture trustee. (e) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest Series 2002-CC Certificate to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller Transferor intends and, together with the Collateral Interest HolderSeries 2002-CC Certificateholder, agrees to treat the Collateral Interest Series 2002-CC Certificate for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2018-5.” The Series 2018-5 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2018-5 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2018-5 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2018-5” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2018-5 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992018-D 5 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992018-D 5 shall be an Excess Allocation Series. Series 2018-5 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2018-5 shall be the June 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include May 31, 2018. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2018-5 Certificates by issuing and selling additional Series 2018-5 Certificates. Any additional Series 2018-5 Certificates so issued shall be treated, for all purpose, like the Series 2018-5 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2018-5 shall be a Repurchase Reporting Series. (f) Series 2018-5 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2018-5 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2018-5.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2018-8.” The Series 2018-8 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992018-D (the "Class A Certificates") and the Class B 6.508 3.18% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2018-8 3.35% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2018-8” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2018-8 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992018-D 8 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992018-D 8 shall be an Excess Allocation Series. Series 2018-8 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2018-8 shall be the October 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2018. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2018-8 Certificates by issuing and selling additional Series 2018-8 Certificates. Any additional Series 2018-8 Certificates so issued shall be treated, for all purpose, like the Series 2018-8 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2018-8 shall be a Repurchase Reporting Series. (f) Series 2018-8 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2018-8 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2018-8.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 1999-D E Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 1999-D E (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 1999-D E (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999-D E (the "Collateral Interest"). (b) Series 1999-D E shall be included in Group One (as defined below). Series 1999-D E shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Series Supplement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series consisting of an Investor Certificates Certificate to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Capital One Master Trust, Series 19992002-D CertificatesCC." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 19992002-D (the "Class A Certificates") and the Class B 6.50% Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which CC Certificate shall be known as the Collateral Interest"Asset Backed Certificate, Series 19992002-D CC." The Series 2002-CC Certificate shall constitute a "security" within the meaning of (i) Article 8 of the "Collateral Interest")Uniform Commercial Code (including Section 8-102(a)(15) thereof) as in effect from time to time in the State of New York and (ii) the Uniform Commercial Code of any other applicable jurisdiction that presently or hereafter substantially includes the 1994 revisions to Article 8 thereof as adopted by the American Law Institute and the National Conference of Commissioners on Uniform State Laws and approved by the American Bar Association on February 14, 1995. (b) Series 19992002-D CC shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 19992002-D CC shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2002-CC shall be the November 2002 Distribution Date. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall be entitled govern. (d) This Supplement is the Series 2002-CC Supplement referred to in the benefits Transfer and Administration Agreement, dated as of October 9, 2002, among Capital One Multi-asset Execution Trust, as issuer, the Agreement Transferor, as transferor, Capital One Bank, as administrator, and this Series Supplement upon payment by the Collateral Interest Holder The Bank of amounts owing on the Closing Date New York, as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except indenture trustee. (e) Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest Series 2002-CC Certificate to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller Transferor intends and, together with the Collateral Interest HolderSeries 2002-CC Certificateholder, agrees to treat the Collateral Interest Series 2002-CC Certificate for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Master Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 1999-D H Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 1999-D H (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 1999-D H (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999-D H (the "Collateral Interest"). (b) Series 1999-D H shall be included in Group One (as defined below). Series 1999-D H shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "National City Credit Card Master Trust, Series 19992001-D Certificates1." The two classes Series 2001-1 Certificates shall be designated issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 19992001-D (1" and the second of which shall be known as the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19992001-D (the "Class B Certificates"). 1." The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits EXHIBITS A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19992001-D 1 (the "Collateral InterestCOLLATERAL INTEREST"). (b) Series 19992001-D 1 shall be included in Group One (as defined below). Series 19992001-D 1 shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article ARTICLE VI and Article ARTICLE XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section SECTION 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section SECTION 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2001-1 shall be the March 2001 Distribution Date and the first Monthly Period shall be the period from the Closing Date until February 28, 2001.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (National City Credit Card Master Trust), Pooling and Servicing Agreement (National City Credit Card Master Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2025-2.” The Series 2025-2 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992025-D (the "Class A Certificates") and the Class B 6.502 4.28% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2025-2 4.59% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2025-2” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2025-2 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992025-D 2 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992025-D 2 shall be an Excess Allocation Series. Series 2025-2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2025-2 shall be the June 2025 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include May 31, 2025. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2025-2 Certificates by issuing and selling additional Series 2025-2 Certificates. Any additional Series 2025-2 Certificates so issued shall be treated, for all purpose, like the Series 2025-2 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2025-2 shall be a Repurchase Reporting Series. (f) Series 2025-2 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2025-2 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2025-2.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2017-7.” The Series 2017-7 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992017-D (the "Class A Certificates") and the Class B 6.507 2.35% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2017-7 2.54% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2017-7” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2017-7 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992017-D 7 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992017-D 7 shall be an Excess Allocation Series. Series 2017-7 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2017-7 shall be the November 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include October 31, 2017. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferors may, from time to time, increase the amount of the Series 2017-7 Certificates by issuing and selling additional Series 2017-7 Certificates. Any additional Series 2017-7 Certificates so issued shall be treated, for all purpose, like the Series 2017-7 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2017-7 shall be a Repurchase Reporting Series. (f) Series 2017-7 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2017-7 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2017-7.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2017-1.” The Series 2017-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992017-D (the "Class A Certificates") and the Class B 6.501 1.93% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2017-1 2.10% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2017-1” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2017-1 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992017-D 1 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992017-D 1 shall be an Excess Allocation Series. Series 2017-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2017-1 shall be the March 2017 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include February 28, 2017. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferors may, from time to time, increase the amount of the Series 2017-1 Certificates by issuing and selling additional Series 2017-1 Certificates. Any additional Series 2017-1 Certificates so issued shall be treated, for all purpose, like the Series 2017-1 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2017-1 shall be a Repurchase Reporting Series. (f) Series 2017-1 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2017-1 with respect to any Rating Agency (other than Moody’s) then rating Series 2017-1.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2018-1.” The Series 2018-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992018-D (the "Class A Certificates") and the Class B 6.501 2.67% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2018-1 2.82% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2018-1” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2018-1 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992018-D 1 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992018-D 1 shall be an Excess Allocation Series. Series 2018-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2018-1 shall be the April 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include March 31, 2018. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferors may, from time to time, increase the amount of the Series 2018-1 Certificates by issuing and selling additional Series 2018-1 Certificates. Any additional Series 2018-1 Certificates so issued shall be treated, for all purpose, like the Series 2018-1 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2018-1 shall be a Repurchase Reporting Series. (f) Series 2018-1 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2018-1 with respect to any Rating Agency (other than Moody’s) then rating Series 2018-1.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes Classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19991997-D 1 Certificates." The two classes shall be designated the Class A Floating Rate 6.15% Asset Backed Certificates, Series 19991997-D 1 (the "Class A Certificates") and the Class B 6.506.35% Asset Backed Certificates, Series 19991997-D 1 (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 heretoA-2, respectively. In addition, there is hereby created a third Class of which constitutes an uncertificated interest in the Trust which Trust, shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19991997-D (1 and have the "rights assigned to the Collateral Interest")Interest in this Series Supplement. (b) Series 19991997-D 1 shall be included in Group One (as defined below)I, which shall be a Reallocation Group in which all Series shall also be Excess Allocation Series. Series 19991997-D 1 shall be a Principal Sharing Series. Series 1997-1 shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed pursuant to by the Seller and the Collateral Interest HolderLoan Agreement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (First National Bank of Commerce), Pooling and Servicing Agreement (First National Bank of Commerce)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2019-4.” The Series 2019-4 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2019-4 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2019-4 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2019-4” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2019-4 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992019-D 4 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992019-D 4 shall be an Excess Allocation Series. Series 2019-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2019-4 shall be the October 2019 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2019. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2019-4 Certificates by issuing and selling additional Series 2019-4 Certificates. Any additional Series 2019-4 Certificates so issued shall be treated, for all purpose, like the Series 2019-4 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2019-4 shall be a Repurchase Reporting Series. (f) Series 2019-4 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2019-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2019-4.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2018-4.” The Series 2018-4 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992018-D (the "Class A Certificates") and the Class B 6.504 2.99% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2018-4 3.18% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2018-4” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2018-4 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992018-D 4 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992018-D 4 shall be an Excess Allocation Series. Series 2018-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2018-4 shall be the June 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include May 31, 2018. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2018-4 Certificates by issuing and selling additional Series 2018-4 Certificates. Any additional Series 2018-4 Certificates so issued shall be treated, for all purpose, like the Series 2018-4 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2018-4 shall be a Repurchase Reporting Series. (f) Series 2018-4 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2018-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2018-4.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Capital One Master Trust, Series 19991998-D Certificates." 1". The two classes Series 1998-1 Certificates shall be designated issued in two Classes, the Class A Floating Rate Asset Backed Certificates, Series 1999-D (first of which shall be known as the "Class A Certificates") and the Class B 6.506.310% Asset Backed Certificates, Series 19991998-D (1" and the second of which shall be known as the "Class B 6.356% Asset Backed Certificates, Series 1998-1"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be an "Investor CertificateCertificates" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, Supplement and which shall be known as the Collateral Interest"Floating Rate Class C Asset Backed Interests, Series 19991998-D (the 1"Collateral Interest"). (b) Series 19991998-D 1 shall be included in Group One (as defined below)and shall be a Principal Sharing Series and a Subordinated Excess Principal Series. Series 19991998-D 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 1998-1 shall be the May 1998 Distribution Date. (c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. (d) The Collateral Class C Interest HolderHolders, as holder holders of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by (including the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderClass C Supplemental Agreement). Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) Class C Interests. The Class C Interests shall be deemed to arise upon the provisions of Section 3.07 payment of the Agreement shall not apply amounts due on the Closing Date pursuant to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the TrustClass C Purchase Agreement.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Financial Corp)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2022-3.” The Series 2022-3 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992022-D (the "Class A Certificates") and the Class B 6.503 3.75% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2022-3 4.07% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2022-3” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2022-3 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992022-D 3 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992022-D 3 shall be an Excess Allocation Series. Series 2022-3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2022-3 shall be the September 2022 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include August 31, 2022. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2022-3 Certificates by issuing and selling additional Series 2022-3 Certificates. Any additional Series 2022-3 Certificates so issued shall be treated, for all purpose, like the Series 2022-3 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2022-3 shall be a Repurchase Reporting Series. (f) Series 2022-3 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2022-3 with respect to any Rating Agency (other than Moody’s) then rating Series 2022-3.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2019-3.” The Series 2019-3 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992019-D (the "Class A Certificates") and the Class B 6.503 2.00% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2019-3 2.20% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2019-3” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2019-3 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992019-D 3 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992019-D 3 shall be an Excess Allocation Series. Series 2019-3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2019-3 shall be the October 2019 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 30, 2019. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2019-3 Certificates by issuing and selling additional Series 2019-3 Certificates. Any additional Series 2019-3 Certificates so issued shall be treated, for all purpose, like the Series 2019-3 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2019-3 shall be a Repurchase Reporting Series. (f) Series 2019-3 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2019-3 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2019-3.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19992000-D L Certificates." The two classes shall be designated the Class A Floating Rate 6.50% Asset Backed Certificates, Series 19992000-D L (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19992000-D L (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19992000-D L (the "Collateral Interest"). (b) Series 19992000-D L shall be included in Group One (as defined below). Series 19992000-D L shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed pursuant to by the Seller and the Collateral Interest HolderLoan Agreement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection Section 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2019-1.” The Series 2019-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992019-D (the "Class A Certificates") and the Class B 6.501 2.87% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2019-1 3.07% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2019-1” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2019-1 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992019-D 1 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992019-D 1 shall be an Excess Allocation Series. Series 2019-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2019-1 shall be the March 2019 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include February 28, 2019. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2019-1 Certificates by issuing and selling additional Series 2019-1 Certificates. Any additional Series 2019-1 Certificates so issued shall be treated, for all purpose, like the Series 2019-1 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2019-1 shall be a Repurchase Reporting Series. (f) Series 2019-1 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2019-1 with respect to any Rating Agency (other than Moody’s) then rating Series 2019-1.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2018-7.” The Series 2018-7 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2018-7 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2018-7 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2018-7” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2018-7 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992018-D 7 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992018-D 7 shall be an Excess Allocation Series. Series 2018-7 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2018-7 shall be the August 2018 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include July 31, 2018. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2018-7 Certificates by issuing and selling additional Series 2018-7 Certificates. Any additional Series 2018-7 Certificates so issued shall be treated, for all purpose, like the Series 2018-7 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2018-7 shall be a Repurchase Reporting Series. (f) Series 2018-7 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2018-7 with respect to any Rating Agency (other than Moody’s) then rating Series 2018-7.

Appears in 2 contracts

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC), Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "National City Credit Card Master Trust, Series 1999-D Certificates2000-__." The two classes Series 2000-__ Certificates shall be designated issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 1999-D (2000-__" and the second of which shall be known as the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). 2000-__." The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits EXHIBITS A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999-D 2000-_ (the "Collateral InterestCOLLATERAL INTEREST"). (b) Series 1999-D 2000-__ shall be included in Group One (as defined below). Series 1999-D 2000-__ shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article ARTICLE VI and Article ARTICLE XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section SECTION 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section SECTION 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2000-__ shall be the __________ 2000 Distribution Date and the first Monthly Period shall be the period from the Closing Date until __________ __, 2000.

Appears in 1 contract

Sources: Series Supplement (National City Credit Card Master Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to designated as "Household Affinity Credit Card Master Trust I, Series 1997-1". The Series 1997-1 Certificates shall be issued in two certificated Classes, the first of which shall be known together as the "Series 1999-D Certificates." The two classes shall be designated the Floating Rate Class A Floating Rate Asset Backed Credit Card Participation Certificates, Series 19991997-D (1", and the second of which shall be known as the "Class A Certificates") and the Floating Rate Class B 6.50% Asset Backed Credit Card Participation Certificates, Series 19991997-D (the 1"Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be an "Investor CertificateCertificates" for all purposes under the Agreement and this Series Supplement and which shall be known as the "Collateral Interest, Series 1997-1". The Collateral Interest Holder shall be deemed to be the Series Enhancer for all purposes under the Agreement and this Series Supplement. (b) The Series 1997-1 Certificates shall be included in Group Two and shall be deemed to be "Investor Certificates" for all purposes under the Agreement and this Series Supplement. Notwithstanding any provision in the Agreement or in this Series Supplement, except the first Distribution Date with respect to Series 1997-1 shall be the April 1997 Distribution Date. (c) Except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999-D (the "Collateral Interest"). (b) Series 1999-D shall be included in Group One (as defined below). Series 1999-D shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and in no event shall clause (iic) the provisions of Section 3.07 of the Agreement shall not apply definition of "Tax Opinion" set forth in Section 19 hereof be operative with respect to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the TrustInterest.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Household Affinity Funding Corp)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19991997-D 5 Certificates." The two classes shall be designated the Class A Floating Rate 6.194% Asset Backed Certificates, Series 19991997-D 5 (the "Class A Certificates") and the Class B 6.506.388% Asset Backed Certificates, Series 19991997-D 5 (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19991997-D 5 (the "Collateral Interest"). (b) Series 19991997-D 5 shall be included in Group One (as defined below). Series 19991997-D 5 shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed pursuant to by the Seller and the Collateral Interest HolderLoan Agreement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions Opinion of Counsel specified in clause (d) of the sixth sentence of Section 3.07 6.9(b) of the Agreement shall not apply be required with respect to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather (iii) the Seller intends and, together with Tax Opinion specified in clause (e) of the sixth sentence of Section 6.9(b) of the Agreement shall address the effect of the issuance of the Collateral Interest Holderbut parts (a) and (c) of any such Tax Opinion shall not address, agrees or be required to treat the address, any tax consequences that shall result to any Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the TrustHolder.

Appears in 1 contract

Sources: Supplement (Chase Manhattan Bank Usa)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19991998-D 3 Certificates." The two classes shall be designated desig nated the Class A Floating Rate 6.00% Asset Backed Certificates, Series 19991998-D 3 (the "Class A Certificates") and the Class B 6.506.15% Asset Backed Certificates, Series 19991998-D 3 (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19991998-D 3 (the "Collateral Interest"). (b) Series 19991998-D 3 shall be included in Group One (as defined below). Series 19991998-D 3 shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed pursuant to by the Seller and the Collateral Interest HolderLoan Agreement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions Opinion of Counsel specified in clause (d) of the sixth sentence of Section 3.07 6.9(b) of the Agreement shall not apply be required with respect to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather (iii) the Seller intends and, together with Tax Opinion specified in clause (e) of the sixth sentence of Section 6.9(b) of the Agreement shall address the effect of the issuance of the Collateral Interest Holderbut parts (a) and (c) of any such Tax Opinion shall not address, agrees or be required to treat the address, any tax consequences that shall result to any Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the TrustHolder.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Chase Manhattan Bank Usa)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19992000-D K Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 19992000-D K (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19992000-D K (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19992000-D K (the "Collateral Interest"). (b) Series 19992000-D K shall be included in Group One (as defined below). Series 19992000-D K shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2014-3.” The Series 2014-3 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992014-D (the "Class A Certificates") and the Class B 6.503 1.49% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2014-3 1.73% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2014-3” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2014-3 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992014-D 3 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992014-D 3 shall be an Excess Allocation Series. Series 2014-3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2014-3 shall be the October 2014 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 24, 2014. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19991998-D E Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 19991998-D E (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19991998-D E (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19991998-D E (the "Collateral Interest"). (b) Series 19991998-D E shall be included in Group One (as defined below). Series 19991998-D E shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Series Supplement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 1999-D A Certificates." The two classes shall be designated the Class A Floating Rate Asset Asset-Backed Certificates, Series 1999-D A (the "Class A Certificates") and the Class B 6.50% Asset Floating Rate Asset- Backed Certificates, Series 1999-D A (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 heretoA-2, respectively. In addition, there is hereby created a third Class of which constitutes an uncertificated interest in the Trust which Trust, shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided hereinin Section 1(c) of this Series Supplement, and which shall be known designated as the Collateral InterestClass C Floating Rate Asset-Backed Interests, Series 1999-D A (the "Collateral InterestClass C Interests")) and have the rights assigned to the Class C Interests in this Series Supplement. The Class C Interest Holders shall be deemed to be "Investor Holders" for all purposes under the Agreement and this Series Supplement, except as expressly provided in Section 1(c) of this Series Supplement. (b) Series 1999-D A shall be included in Group One (as defined below). Series 1999-D A shall not be subordinated to any other Series. (c) The Collateral Class C Interest HolderHolders, as holder holders of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the TrustClass C Interests.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (World Financial Network National Bank)

Designation. (a) There is hereby created a Series of Investor Certificates Notes to be issued pursuant to the Indenture and this Indenture Supplement to be known as "HOUSEHOLD PRIVATE LABEL CREDIT CARD MASTER NOTE TRUST I, SERIES 2001-2" or the "SERIES 2001-2 NOTES." The Series 2001-2 Notes shall be issued in two classes pursuant to Classes, the Agreement and this Series Supplement and to be known together as the "Series 1999-D Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") and the Class B 6.50% Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form first of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999"CLASS A SERIES 2001-D (2 FIXED RATE ASSET BACKED NOTES" and the second of which shall be known as the "Collateral InterestCLASS B SERIES 2001-2 FLOATING RATE ASSET BACKED NOTES"). The Series 2001-2 Notes shall be due and payable on the Series 2001-2 Final Maturity Date. (b) Series 19992001-D 2 shall be included a Pool One Series and shall be in Principal Sharing Group One (as defined below)and Excess Finance Charge Sharing Group One, and shall not be in a Reallocation Group, Shared Enhancement Group or be allocated Shared Transferor Principal Collections. Series 19992001-D 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Indenture or in this Indenture Supplement to the contrary, the first Distribution Date with respect to Series 2001-2 shall be the September 17, 2001 Distribution Date, and the first Due Period shall begin on and include August 1, 2001 and end on and include August 31, 2001. (c) The Collateral Interest HolderIn the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Indenture, as holder the terms and provisions of an "Investor Certificate" under the Agreement, this Indenture Supplement shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holdercontrolling. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall All capitalized terms not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest otherwise defined herein are defined in the assets of Indenture, the Transfer and Servicing Agreement or the Trust.

Appears in 1 contract

Sources: Indenture Supplement (Hrsi Funding Inc Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2007-1.” The Series 2007-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2007-1 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2007-1 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2007-1” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2007-1 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992007-D 1 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992007-D 1 shall be an Excess Allocation Series. Series 2007-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2007-1 shall be the March 2007 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include February 24, 2007. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as "Fleet Credit Card Master Trust II, Series 200_-_." The Series of Investor Certificates created hereby shall be issued in two Classes. The first Class shall be known as the "Series 1999-D Certificates." The two classes shall be designated the Class A [Floating Rate Asset Rate] [___%] Asset-Backed Certificates, Series 1999-D (200_-_," and the second Class shall be known as the "Class A Certificates") and the Class B 6.50% Asset [Floating Rate] [___%] Asset-Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. 200_-_." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be an "Investor CertificateCertificates" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 1999-D (200_-_." The Collateral Interest Holder shall be the "Collateral Interest")Series Enhancer for Series 200_-_. (b) Series 1999-D 200_-_ shall be included in Group One (as defined below)One. Series 1999-D 200_-_ shall be a Principal Sharing Series with respect to Group One only. Series 200_-_ shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 200_-_ shall be the ________ 200_ Distribution Date, and references herein to the Monthly Period relating to the ________ 200_ Distribution Date shall mean the period from the Closing Date through the end of ________ 200_. (c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. (d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registrationexecution, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Series Supplement (Fleet Credit Card Master Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2011-2.” The Series 2011-2 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2011-2 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2011-2 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2011-2” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2011-2 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992011-D 2 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992011-D 2 shall be an Excess Allocation Series. Series 2011-2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2011-2 shall be the December 2011 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include November 24, 2011. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 20[__]-[_].” The Series 20[__]-[_] Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 20[__]-[_] [Floating Rate Rate][[___]%] Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 20[__]-[_] [Floating Rate][[___]%] Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 20[__]-[_]” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 20[__]-[_] for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 1999-D 20[__]-[_] shall be included in Group One (as defined below)[I][II] and shall be a Principal Sharing Series. Series 1999-D 20[__]-[_] shall be an Excess Allocation Series. Series 20[__]-[_] shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20[__]-[_] shall be the [______] 20[__] Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include [______] [__], 20[__]. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 20[__]-[_] Certificates by issuing and selling additional Series 20[__]-[_] Certificates. Any additional Series 20[__]-[_] Certificates so issued shall be treated, for all purpose, like the Series 20[__]-[_] Certificates subject to the terms of the Agreement and this Supplement. (e) [Series 20[__]-[_] shall be a Repurchase Reporting Series.] (f) [Series 20[__]-[_] shall be an Investor Communication Reporting Series.] (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 20[__]-[_] with respect to any Rating Agency (other than [Moody’s]) then rating Series 20[__]-[_].

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates Notes to be issued in two classes pursuant to the Agreement Indenture and this Series Indenture Supplement and to be known together as "American Express Issuance Trust, Series 2005-[__]" or the "Series 1999-D Certificates2005-[__] Notes." The two classes Series 2005-[__] Notes shall be designated issued in three Classes, the Class A Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") and the Class B 6.50% Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form first of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, "Class A Series 1999-D (2005-[__] Floating Rate Asset Backed Notes," the second of which shall be known as the "Collateral InterestClass B Series 2005-[__] Floating Rate Asset Backed Notes" and the third of which shall be known as the ")Class C Series 2005-[__] Floating Rate Asset Backed Notes." The Series 2005-[__] Notes shall be due and payable on the Legal Maturity Date. (b) The Series 1999-D 2005-[__] Notes shall be secured by the Collateral. Series 2005-[__] shall be included in Reallocation Group One A. Series 2005-[__] shall be a Shared Excess Available Finance Charge Collections Series and shall be included in Shared Excess Available Finance Charge Collections Group A. Series 2005-[__] shall be a Shared Excess Available Principal Collections Series and shall be included in Shared Excess Available Principal Collections Group A. Series 2005-[__] shall not be in any other Group (as defined belowin the Indenture). Series 1999-D 2005-[__] shall not be subordinated to any other Series. (c) The Collateral Interest HolderSeries of Notes. Notwithstanding any provision in the Indenture or in this Indenture Supplement to the contrary, as holder of an "Investor Certificate" under the Agreement, first Payment Date with respect to Series 2005-[__] shall be entitled to the benefits of [________] 2005 Payment Date, and the Agreement first Monthly Period shall begin on and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on include the Closing Date as agreed to by the Seller and the Collateral Interest Holderend on and include [________]. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.[END OF ARTICLE I]

Appears in 1 contract

Sources: Indenture Supplement (American Express Issuance Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2008-9.” The Series 2008-9 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2008-9 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2008-9 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2008-9” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2008-9 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992008-D 9 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992008-D 9 shall be an Excess Allocation Series. Series 2008-9 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2008-9 shall be the October 2008 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include September 24, 2008. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby The Series created a pursuant to the Original Series 2000-H Supplement consists of Investor Certificates to be issued in two classes pursuant to the Agreement and this the Original Series 2000-H Supplement and to be known together as the "Series 19992000-D H Certificates." The two classes shall be are designated the Class A Floating Rate Asset Backed Certificates, Series 19992000-D H (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19992000-D H (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be are substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust was created, which shall be is deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be is known as the Collateral Interest, Series 19992000-D H (the "Collateral Interest"). In addition, there is hereby created a fourth Class of Investor Certificates which shall be known as the Class D Certificate, Series 2000-H (the "Class D Certificate," and together with the Class A Certificates and the Class B Certificates, the "Series 2000-B Certificates"). The Class D Certificate shall be issued as one definitive certificate substantially in the form of Exhibit A-3 hereto. (b) Series 19992000-D shall be H is included in Group One (as defined below). Series 19992000-D shall H is not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be is entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall do not be applicable apply to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall do not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller Transferor intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) The Class D Certificateholder, as holder of an Investor Certificate under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in Section 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Class D Certificate, and (ii) the provisions of Section 3.07 of the Agreement do not apply to cause the Class D Certificate to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends and, together with the Class D Certificateholder, agrees to treat the Class D Certificate for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Amended and Restated Series 2000 H Supplement (BA Credit Card Funding, LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19991997-D 4 Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 19991997-D 4 (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19991997-D 4 (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly ex pressly provided herein, and which shall be known as the Collateral Interest, Series 19991997-D 4 (the "Collateral Interest"). (b) Series 19991997-D 4 shall be included in Group One (as defined below). Series 19991997-D 4 shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed pursuant to by the Seller and the Collateral Interest HolderLoan Agreement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions Opinion of Counsel specified in clause (d) of the sixth sentence of Section 3.07 6.9(b) of the Agreement shall not apply be required with respect to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather (iii) the Seller intends and, together with Tax Opinion specified in clause (e) of the sixth sentence of Section 6.9(b) of the Agreement shall address the effect of the issuance of the Collateral Interest Holderbut parts (a) and (c) of any such Tax Opinion shall not address, agrees or be required to treat the address, any tax consequences that shall result to any Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the TrustHolder.

Appears in 1 contract

Sources: Supplement to Pooling and Servicing Agreement (Chase Manhattan Bank Usa)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as "Fleet Credit Card Master Trust II, Series 2001-B." The Series of Investor Certificates created hereby shall be issued in two Classes. The first Class shall be known as the "Series 1999-D Certificates." The two classes shall be designated the Class A Floating Rate Asset 5.60% Asset-Backed Certificates, Series 19992001-D (B," and the second Class shall be known as the "Class A Certificates") and the Class B 6.505.90% Asset Asset-Backed Certificates, Series 19992001-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. B." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be an "Investor CertificateCertificates" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 19992001-D (B." The Collateral Interest Holder shall be the "Collateral Interest").Series Enhancer for Series 2001-B. (b) Series 19992001-D B shall be included in Group One (as defined below)One. Series 19992001-D B shall be a Principal Sharing Series with respect to Group One only. Series 2001-B shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2001-B shall be the August 2001 Distribution Date, and references herein to the Monthly Period relating to the August 2001 Distribution Date shall mean the period from the Closing Date through the end of July 2001. (c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. (d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registrationexecution, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andintends, and together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Capital One Master Trust, Series 19992000-D Certificates." 1". The two classes Series 2000-1 Certificates shall be designated issued in two Classes, the Class A Floating Rate Asset Backed Certificates, Series 1999-D (first of which shall be known as the "Class A Certificates") and the Class B 6.507.10% Asset Backed Certificates, Series 19992000-D (1" and the second of which shall be known as the "Class B 7.30% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. Series 2000-1." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 19992000-D (the 1."Collateral Interest"). (b) Series 19992000-D 1 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 19992000-D 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2000-1 shall be the April 2000 Distribution Date. (c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. (d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion in Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Capital One Master Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as "Capital One Master Trust, Series 2001-4." The Series 2001-4 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 19992001-D (4" and the second of which shall be known as the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19992001-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. 4." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 19992001-D (the 4."Collateral Interest"). (b) Series 19992001-D 4 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 19992001-D 4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2001-4 shall be the August 2001 Distribution Date. (c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. (d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends Sellers intend and, together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Capital One Master Trust)

Designation. (a) There is hereby The Series created a pursuant to the Original Series 2001-B Supplement consists of Investor Certificates to be issued in two classes pursuant to the Agreement and this the Original Series 2001- B Supplement and to be known together as the "Series 19992001-D B Certificates." The two classes shall be are designated the Class A Floating Rate Asset Backed Certificates, Series 19992001-D B (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19992001-D B (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be are substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust was created, which shall be is deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be is known as the Collateral Interest, Series 19992001-D B (the "Collateral Interest"). In addition, there is hereby created a fourth Class of Investor Certificates which shall be known as the Class D Certificate, Series 2001-B (the "Class D Certificate," and together with the Class A Certificates and the Class B Certificates, the "Series 2001-B Certificates"). The Class D Certificate shall be issued as one definitive certificate substantially in the form of Exhibit A-3 hereto. (b) Series 19992001-D shall be B is included in Group One (as defined below). Series 19992001-D shall B is not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be is entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall do not be applicable apply to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall do not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller Transferor intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) The Class D Certificateholder, as holder of an Investor Certificate under the Agreement, shall be entitled to the benefits of the Agreement and this Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in Section 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Class D Certificate, and (ii) the provisions of Section 3.07 of the Agreement do not apply to cause the Class D Certificate to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Transferor intends and, together with the Class D Certificateholder, agrees to treat the Class D Certificate for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Amended and Restated Series 2001 B Supplement (BA Credit Card Funding, LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2014-5.” The Series 2014-5 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2014-5 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2014-5 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2014-5” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2014-5 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992014-D 5 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992014-D 5 shall be an Excess Allocation Series. Series 2014-5 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2014-5 shall be the December 2014 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include November 24, 2014. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2014-4.” The Series 2014-4 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992014-D (the "Class A Certificates") and the Class B 6.504 1.43% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2014-4 1.62% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2014-4” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2014-4 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992014-D 4 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992014-D 4 shall be an Excess Allocation Series. Series 2014-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2014-4 shall be the December 2014 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include November 24, 2014. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as "Capital One Master Trust, Series 2002-4." The Series 2002-4 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A 4.90% Asset Backed Certificates, Series 19992002-D Certificates.4" The two classes and the second of which shall be designated known as the "Class A B Floating Rate Asset Backed Certificates, Series 19992002-D (the "Class A Certificates") and the Class B 6.50% Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. 4." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 19992002-D (the 4."Collateral Interest"). (b) Series 19992002-D 4 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 19992002-D 4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2002-4 shall be the July 2002 Distribution Date. (c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. (d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends Sellers intend and, together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Capital One Master Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as "American Express Credit Account Master Trust, Series 2005-1." The Series 2005-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the Class A Series 2005-1 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") " and the Class B 6.50% Asset Backed Certificates, Series 1999-D (second of which shall be known as the "Class B Series 2005-1 Floating Rate Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. ." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the "Collateral Interest, Series 2005-1" and which shall be deemed to be an "Investor CertificateCertificates" for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term "Tax Opinion" in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2005-1 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992005-D 1 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992005-D 1 shall be an Excess Allocation Series. Series 2005-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2005-1 shall be the April 2005 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include March 27, 2005. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as "Capital One Master Trust, Series 1999-1". The Series 1999-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 1999-D (1" and the second of which shall be known as the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. 1." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be an "Investor CertificateCertificates" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 1999-D (the 1."Collateral Interest"). (b) Series 1999-D 1 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 1999-D 1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 1999-1 shall be the June 1999 Distribution Date. (c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. (d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral InterestInterest , and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement Supplement (Capital One Master Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as "Capital One Master Trust, Series 2002-3." The Series 2002-3 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 19992002-D (3" and the second of which shall be known as the "Class A Certificates") and the Class B 6.504.55% Asset Backed Certificates, Series 19992002-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. 3." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 19992002-D (the 3."Collateral Interest"). (b) Series 19992002-D 3 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 19992002-D 3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2002-3 shall be the June 2002 Distribution Date. (c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. (d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends Sellers intend and, together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Capital One Master Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Capital One Master Trust, Series 19992000-D Certificates2." The two classes Series 2000-2 Certificates shall be designated issued in two Classes, the Class A Floating Rate Asset Backed Certificates, Series 1999-D (first of which shall be known as the "Class A Certificates") and the Class B 6.507.20% Asset Backed Certificates, Series 19992000-D (2" and the second of which shall be known as the "Class B 7.35% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. Series 2000-2." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 19992000-D (the 2."Collateral Interest"). (b) Series 19992000-D 2 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 19992000-D 2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2000-2 shall be the August 2000 Distribution Date. (c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. (d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion in Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Supplement to Pooling and Servicing Agreement (Capital One Master Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19992000-D F Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 19992000-D F (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19992000-D F (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19992000-D F (the "Collateral Interest"). (b) Series 19992000-D F shall be included in Group One (as defined below). Series 19992000-D F shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as "Fleet Credit Card Master Trust II, Series 2002-A." The Series of Investor Certificates created hereby shall be issued in two Classes. The first Class shall be known as the "Series 1999-D Certificates." The two classes shall be designated the Class A Floating Rate Asset Asset-Backed Certificates, Series 19992002-D (A," and the second Class shall be known as the "Class A Certificates") and the Class B 6.50% Asset Floating Rate Asset-Backed Certificates, Series 19992002-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. A." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be an "Investor CertificateCertificates" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 19992002-D (A." The Collateral Interest Holder shall be the "Collateral Interest").Series Enhancer for Series 2002-A. (b) Series 19992002-D A shall be included in Group One (as defined below)One. Series 19992002-D A shall be a Principal Sharing Series with respect to Group One only. Series 2002-A shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2002-A shall be the July 2002 Distribution Date, and references herein to the Monthly Period relating to the July 2002 Distribution Date shall mean the period from the Closing Date through the end of June 2002. (c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. (d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registrationexecution, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as "Capital One Master Trust, Series 1999-3". The Series 1999-3 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 1999-D (3" and the second of which shall be known as the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. 3." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be an "Investor CertificateCertificates" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 1999-D (the 3."Collateral Interest"). (b) Series 1999-D 3 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 1999-D 3 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 1999-3 shall be the August 1999 Distribution Date. (c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. (d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion in Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Capital One Master Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 1999-D Collateral Certificates." The two classes shall Transferor and the Servicier each hereby enter into this Series Supplement with the Trustee as required by Section 6.9(c) of the Agreement to provide for the issuance, authentication and delivery of the Collateral Certificates. The Collateral Certificates will be designated transferred by the Class A Floating Rate Asset Backed Certificates, Series 1999-D Transferor to FNANB Credit Card Master Note Trust (the "Class A CertificatesNote Trust") pursuant to a Transfer and the Class B 6.50% Asset Backed CertificatesServicing Agreement dated as of ___________, Series 1999-D 2002 (the "Class B CertificatesTransfer and Servicing Agreement") among the Transferor, the Servicer and the Note Trust. The Note Trust will pledge the Collateral Certificates as collateral for one or more series of notes (each, a "Note Series") to be issued by the Note Trust pursuant to a Master Indenture dated as of __________, 2002 between the Note Trust and ____________________, as indenture trustee, and one or more supplements to the Master Indenture (each, an "Indenture Supplement" and, together with the Master Indenture referred to above, the "Indenture"). The Class A portions of the Collateral Certificates and the Class B Certificates primarily securing each Note Series shall be substantially in the form of Exhibits A-1 and A-2 heretotreated as separate Series (each, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes Collateral Series") under the Agreement and this Series Supplement, except as expressly provided herein, . Certain terms pertaining to each Collateral Series will be defined in the applicable Indenture (a) each Indenture Supplement executed and which delivered by the Note Trust shall be known as the Collateral Interest, deemed to supplement this Series 1999-D (the "Collateral Interest"). Supplement; (b) a new Collateral Series 1999-D shall be included in deemed to be issued upon the issuance of each Note Series and shall have the same designation (e.g., Series 2002-A) and Classes and belong to the same Group One (as defined below). Series 1999-D shall not be subordinated to any other the related Note Series. ; (c) The the amounts payable as interest and principal on such Collateral Interest Holder, as holder Series shall equal the aggregate of an "Investor Certificate" under the Agreement, amounts payable on the related Note Series and shall be entitled payable at the times and in the amounts specified in the Indenture Supplement for such Note Series, (d) all amounts available and applied as credit enhancement with respect to such Note Series shall be deemed to be available and applied as credit enhancement with respect to such Collateral Series; (e) all amounts payable to the benefits Transferor pursuant to the related Indenture Supplement shall be deemed to be payable to the Transferor pursuant to this Series Supplement; and (f) the conditions defined in Section 6.9 of the Agreement and this for issuance of new Series Supplement upon payment by the Collateral Interest Holder must be satisfied in connection with each issuance of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holdera Note Series. Notwithstanding the foregoing, except as expressly provided herein, (i) the The provisions of Article VI and Article XII Section 6.9(b) of the Agreement relating with respect to the registration, authentication, delivery, presentation, cancellation and surrender delivery of Registered an Opinion of Counsel to the effect that a newly issued Series of Investor Certificates and the opinion described will be characterized as either indebtedness or an interest in subsection 6.09(b)(d)(ia partnership (that is not taxable as a corporation) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement under existing law for federal income tax purposes shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the TrustCertificates.

Appears in 1 contract

Sources: Collateral Series Supplement (Fnanb Credit Card Master Trust)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2007-6.” The Series 2007-6 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2007-6 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2007-6 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2007-6” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2007-6 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992007-D 6 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992007-D 6 shall be an Excess Allocation Series. Series 2007-6 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2007-6 shall be the August 2007 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include July 24, 2007. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2025-4.” The Series 2025-4 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992025-D (the "Class A Certificates") and the Class B 6.504 4.30% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2025-4 4.69% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2025-4” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2025-4 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992025-D 4 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992025-D 4 shall be an Excess Allocation Series. Series 2025-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date after the Closing Date with respect to Series 2025-4 shall be the August 2025 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include July 31, 2025. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2025-4 Certificates by issuing and selling additional Series 2025-4 Certificates. Any additional Series 2025-4 Certificates so issued shall be treated, for all purpose, like the Series 2025-4 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2025-4 shall be a Repurchase Reporting Series. (f) Series 2025-4 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2025-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2025-4.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes Classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19991997-D 1 Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 19991997-D 1 (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19991997-D 1 (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 heretoA-2, respectively. In addition, there is hereby created a third Class of which constitutes an uncertificated interest in the Trust which Trust, shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19991997-D (1 and have the "rights assigned to the Collateral Interest")Interest in this Series Supplement. (b) Series 19991997-D 1 shall be included in Group One (as defined below)I, which shall be a Reallocation Group in which all Series shall also be Excess Allocation Series. Series 19991997-D 1 shall be a Principal Sharing Series. Series 1997-1 shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed pursuant to by the Seller and the Collateral Interest HolderLoan Agreement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (First National Bank of Commerce)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two three classes pursuant to the Pooling and Servicing Agreement and this Series Supplement and to be known together as the "Series 1999-D Certificates.E." The two three classes shall be designated the ___% Class A Floating Rate Asset Backed Certificates, Series 1999-D E (the "Class A Certificates") and ), the Class B 6.50% Asset Backed CertificatesInvestor Interest, Series 1999-D E (the "Class B CertificatesInvestor Interest") and the Class C Investor Interest, Series E (the "Class C Investor Interest"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 Exhibit A hereto. Each of the Class B Investor Interest and A-2 hereto, respectively. In addition, there is hereby created a third the Class of C Investor Interest shall be an uncertificated interest in the Trust (subject to the provisions of subsection 11(c) hereof), which shall be deemed to be an "Investor Certificate" for all purposes under the Pooling and Servicing Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999-D (the "Collateral Interest"). (b) Series 1999-D shall be included in Group One (as defined below). Series 1999-D shall not be subordinated to any other Series. (c) The Collateral Each of the Class B Investor Interest Holder and the Class C Investor Interest Holder, as holder of an "Investor Certificate" under the Pooling and Servicing Agreement, shall be entitled to the benefits of the Pooling and Servicing Agreement and this Series Supplement upon payment by the Collateral such Class B Investor Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral or such Class C Investor Interest Holder, as applicable, of the purchase price of the Class B Investor Interest or the Class C Investor Interest, as applicable. Notwithstanding the foregoing, except as expressly provided herein, (i) (A) the provisions of Article VI and Article XII of the Pooling and Servicing Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered registered Certificates and (B) the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c6.12(b)(e) of the definition of Tax Opinion in Section 1.01 of the Pooling and Servicing Agreement shall not not, subject in the case of clause (A) to the provisions of subsection 11(c) hereof, be applicable to the Collateral Interest, Class B Investor Interest or the Class C Investor Interest and (ii) the provisions of Section 3.07 3.7 of the Pooling and Servicing Agreement shall not apply to cause the Collateral Class C Investor Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller JCPR intends and, together with the Collateral Class C Investor Interest Holder, agrees to treat the Collateral Class C Investor Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Series E Supplement (JCP Receivables Inc)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as "Fleet Credit Card Master Trust II, Series 2003-A." The Series of Investor Certificates created hereby shall be issued in two Classes. The first Class shall be known as the "Series 1999-D Certificates." The two classes shall be designated the Class A Floating Rate Asset 2.40% Asset-Backed Certificates, Series 19992003-D (A," and the second Class shall be known as the "Class A Certificates") and the Class B 6.50% Asset Floating Rate Asset-Backed Certificates, Series 19992003-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. A." In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which which, except as expressly provided herein, shall be deemed to be an "Investor CertificateCertificates" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 19992003-D (A." The Collateral Interest Holder shall be the "Collateral Interest").Series Enhancer for Series 2003-A. (b) Series 19992003-D A shall be included in Group One (as defined below)One. Series 19992003-D A shall be a Principal Sharing Series with respect to Group One only. Series 2003-A shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2003-A shall be the April 2003 Distribution Date, and references herein to the Monthly Period relating to the April 2003 Distribution Date shall mean the period from the Closing Date through the end of March 2003. (c) In the event that any term or provision contained herein shall conflict with or be inconsistent with any term or provision contained in the Agreement, the terms and provisions of this Supplement shall govern. (d) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest HolderSupplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registrationexecution, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion Opinion" in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2007-5.” The Series 2007-5 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2007-5 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2007-5 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2007-5” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2007-5 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992007-D 5 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992007-D 5 shall be an Excess Allocation Series. Series 2007-5 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2007-5 shall be the June 2007 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include May 25, 2007. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 19992001-D B Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 19992001-D B (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 19992001-D B (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 19992001-D B (the "Collateral Interest"). (b) Series 19992001-D B shall be included in Group One (as defined below). Series 19992001-D B shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2025-4.” The Series 2025-4 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Floating Rate Asset Backed Certificates, Series 19992025-D (the "Class A Certificates") and the Class B 6.504 4.30% Asset Backed Certificates, Series 1999-D (” and the "second of which shall be known as the “Class B Series 2025-4 4.69% Asset Backed Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2025-4” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2025-4 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992025-D 4 shall be included in Group One (as defined below)I and shall be a Principal Sharing Series. Series 19992025-D 4 shall be an Excess Allocation Series. Series 2025-4 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date after the closing date with respect to Series 2025-4 shall be the August 2025 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include July 31, 2025. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferor intends, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) Pursuant to Section 6.03(c) of the Agreement, the Transferor may, from time to time, increase the amount of the Series 2025-4 Certificates by issuing and selling additional Series 2025-4 Certificates. Any additional Series 2025-4 Certificates so issued shall be treated, for all purpose, like the Series 2025-4 Certificates subject to the terms of the Agreement and this Supplement. (e) Series 2025-4 shall be a Repurchase Reporting Series. (f) Series 2025-4 shall be an Investor Communication Reporting Series. (g) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2025-4 with respect to any Rating Agency (other than Standard & Poor’s) then rating Series 2025-4.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2008-1.” The Series 2008-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2008-1 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2008-1 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2008-1” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2008-1 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992008-D 1 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992008-D 1 shall be an Excess Allocation Series. Series 2008-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2008-1 shall be the February 2008 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include January 25, 2008. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Ii)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as the "Series 1999-D 1 Certificates." The two classes shall be designated the Class A Floating Rate Asset Backed Certificates, Series 1999-D 1 (the "Class A Certificates") and the Class B 6.50% Floating Rate Asset Backed Certificates, Series 1999-D 1 (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 1999-D 1 (the "Collateral Interest"). (b) Series 1999-D 1 shall be included in Group One (as defined below). Series 1999-D 1 shall not be subordinated to any other Series. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed pursuant to by the Seller and the Collateral Interest HolderLoan Agreement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions Opinion of Counsel specified in clause (d) of the sixth sentence of Section 3.07 6.9(b) of the Agreement shall not apply be required with respect to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather (iii) the Seller intends and, together with Tax Opinion specified in clause (e) of the sixth sentence of Section 6.9(b) of the Agreement shall address the effect of the issuance of the Collateral Interest Holderbut parts (a) and (c) of any such Tax Opinion shall not address, agrees or be required to treat the address, any tax consequences that shall result to any Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the TrustHolder.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Chase Manhattan Bank Usa)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2013-2.” The Series 2013-2 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2013-2 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2013-2 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2013-2” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2013-2 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992013-D 2 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992013-D 2 shall be an Excess Allocation Series. Series 2013-2 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2013-2 shall be the December 2013 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include November 24, 2013. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust. (d) In connection with the issuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the Rating Agency Condition need not be satisfied for Series 2013-2 with respect to any Rating Agency (other than Moody’s) then rating Series 2013-2.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iii LLC)

Designation. (a) There is hereby created a Series of Investor Certificates to be issued in two classes pursuant to the Agreement and this Series Supplement and to be known together as “American Express Credit Account Master Trust, Series 2010-1.” The Series 2010-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Series 1999-D Certificates." The two classes shall be designated the “Class A Series 2010-1 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") ” and the second of which shall be known as the “Class B 6.50% Series 2010-1 Floating Rate Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of Exhibits A-1 and A-2 hereto, respectively. .” In addition, there is hereby created a third Class of an uncertificated interest interests in the Trust which shall be known as the “Collateral Interest, Series 2010-1” and which shall be deemed to be an "“Investor Certificate" Certificates” for all purposes under the Agreement and this Supplement other than for purposes of the definition of the term “Tax Opinion” in Section 1.01 of the Agreement. The Collateral Interest shall be considered a Class of Series 2010-1 for all purposes of the Agreement and this Supplement, except as expressly provided herein, and which including for purposes of voting concerning the liquidation of the Trust pursuant to Section 9.01 of the Agreement. The Collateral Interest Holder shall be known as deemed to be the Collateral Interest, Series 1999-D (Enhancer for all purposes under the "Collateral Interest")Agreement and this Supplement. (b) Series 19992010-D 1 shall be included in Group One (as defined below)II and shall be a Principal Sharing Series. Series 19992010-D 1 shall be an Excess Allocation Series. Series 2010-1 shall not be subordinated to any other Series. Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2010-1 shall be the June 2010 Distribution Date and the first Monthly Period shall begin on and include the Closing Date and end on and include May 25, 2010. (c) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this Series Supplement upon payment by the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holder. Notwithstanding the foregoing, except Except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 of the Agreement shall not apply to cause the Collateral Interest to be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends andTransferors intend, and together with the Collateral Interest Holder, agrees agree to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trust.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (American Express Receivables Financing Corp Iv LLC)

Designation. (a) There is hereby created a Series of Investor Certificates Notes to be issued in two classes pursuant to the Agreement Indenture and this Series Indenture Supplement and to be known together as “American Express Issuance Trust II, Series 2013-2” or the "“Series 19992013-D Certificates2 Notes." ” The two classes Series 2013-2 Notes shall be designated issued in three Classes, the Class A Floating Rate Asset Backed Certificates, Series 1999-D (the "Class A Certificates") and the Class B 6.50% Asset Backed Certificates, Series 1999-D (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form first of Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third Class of an uncertificated interest in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, “Class A Series 19992013-D (2 Floating Rate Asset Backed Notes,” the "Collateral Interest")second of which shall be known as the “Class B Series 2013-2 Floating Rate Asset Backed Notes” and the third of which shall be known as the “Class C Series 2013-2 Floating Rate Asset Backed Notes.” The Series 2013-2 Notes shall be due and payable on the Legal Maturity Date. (b) The Series 19992013-D 2 Notes shall be secured by the Collateral. Series 2013-2 shall be included in Reallocation Group One A. Series 2013-2 shall be a Shared Excess Available Finance Charge Collections Series and shall be included in Shared Excess Available Finance Charge Collections Group A. Series 2013-2 shall be a Shared Excess Available Principal Collections Series and shall be included in Shared Excess Available Principal Collections Group A. Series 2013-2 shall not be in any other Group (as defined belowin the Indenture). Series 19992013-D 2 shall not be subordinated to any other SeriesSeries of Notes. Notwithstanding any provision in the Indenture or in this Indenture Supplement to the contrary, the first Payment Date with respect to Series 2013-2 shall be the October 2013 Payment Date, and the first Monthly Period shall begin on and include the Closing Date and end on and include September 25, 2013. (c) The Collateral Interest HolderFor the avoidance of doubt, as holder the parties agree that the payment of an "Investor Certificate" under principal and interest on the Agreement, Series 2013-2 Notes shall be entitled to primarily based on the benefits performance of the Agreement and this Series Supplement upon payment by Receivables and, except for Derivative Agreements addressing interest rate or currency mismatches between the Collateral Interest Holder of amounts owing on the Closing Date as agreed to by the Seller Receivables and the Collateral Interest Holder. Notwithstanding the foregoingSeries 2013-2 Notes, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the opinion described in subsection 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the Collateral Interest, and (ii) the provisions of Section 3.07 contingent on market or credit events that are independent of the Agreement Receivables. (d) The Series 2013-2 Notes shall not apply be predominantly sold to cause the Collateral Interest to an affiliate (other than a wholly-owned subsidiary consolidated for accounting purposes with an Account Owner) or insider of an Account Owner. (e) Series 2013-2 shall be treated as debt for federal, state and local income and franchise tax purposes, but rather the Seller intends and, together with the Collateral Interest Holder, agrees to treat the Collateral Interest for federal, state and local income and franchise tax purposes as representing an equity interest in the assets of the Trusta Repurchase Reporting Series.

Appears in 1 contract

Sources: Indenture Supplement (American Express Issuance Trust II)