Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Master Trust, Series 2000-1." The Series 2000-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." 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 in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 2000-1 (the "COLLATERAL INTEREST"). (b) Series 2000-1 shall be included in Group One (as defined below). Series 2000-1 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 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 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. (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 the "National City Credit Card Master Trust, Series 20001998-1D Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate 5.80% Asset Backed Certificates, Series 20001998-1" D (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001998-1." D (the "Class B Certificates"). 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 20001998-1 D (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001998-1 D shall be included in Group One (as defined below). Series 20001998-1 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 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 SECTION 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 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 (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 2000-1L Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate 6.50% Asset Backed Certificates, Series 2000-1" L (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." L (the "Class B Certificates"). 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 2000-1 L (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 2000-1 L shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 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 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 (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 The Series of 1999-1 Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Master Trust, Series 2000-1." The Series 2000-1 Certificates ----------- shall be issued in two Classes, the first of which shall be known designated generally as the "Floating Rate Class A Floating Rate Asset Backed Certificates, Series 20001999-1" 1 and the second of which shall be known as the "Floating Rate Class B Floating Rate Asset Backed Certificates, Series 20001999-1." 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 authorized a third Class of which constitutes an uncertificated interest in the Trust Trust, 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 20001999-1 (and have the "COLLATERAL INTEREST")rights assigned to the Collateral Interest in this Series Supplement.
(b) Series 2000-1 shall be included in Group One (as defined below). Series 2000-1 shall not be subordinated to any other Series.
(c) The Collateral 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 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 Article VI and ARTICLE Article XII of the Pooling and Servicing 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 Collateral Interest, Interest and (ii) the provisions Opinion of SECTION 3.07 Counsel specified in clause (d) of the sixth sentence of subsection 6.9(b) 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 required 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, 2000Collateral Interest.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Peoples Bank), Pooling and Servicing Agreement (Peoples 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 the "National City Credit Card Master Trust, Series 20001997-11 Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate 6.15% Asset Backed Certificates, Series 20001997-1" and the second of which shall be known as 1 (the "Class A Certificates") and the Class B Floating Rate 6.35% Asset Backed Certificates, Series 20001997-1." 1 (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of EXHIBITS 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 20001997-1 (and have the "COLLATERAL INTEREST")rights assigned to the Collateral Interest in this Series Supplement.
(b) Series 20001997-1 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 20001997-1 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 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 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.
(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 (First National Bank of Commerce), Pooling and Servicing Agreement (First National Bank of Commerce)
Designation. (a) There is hereby created a Series consisting of an Investor Certificates Certificate to be issued pursuant to the Agreement and this Supplement to be known as the "National City Credit Card “Capital One Master Trust, Series 20002002-1CC." ” The Series 20002002-1 Certificates shall be issued in two Classes, the first of which CC Certificate shall be known as the "Class A Floating Rate “Asset Backed CertificatesCertificate, Series 20002002-1" CC.” The Series 2002-CC Certificate shall constitute a “security” within the meaning of (i) Article 8 of the 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 second National Conference of which shall be known as Commissioners on Uniform State Laws and approved by the "Class B Floating Rate Asset Backed CertificatesAmerican Bar Association on February 14, Series 2000-1." 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 in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 2000-1 (the "COLLATERAL INTEREST")1995.
(b) Series 20002002-1 CC shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 20002002-1 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, shall be entitled to the benefits terms and provisions of the Agreement and this Supplement upon payment by shall govern.
(d) This Supplement is the Collateral Interest Holder Series 2002-CC Supplement referred to in the Transfer and Administration Agreement, dated as of amounts owing on October 9, 2002, among Capital One Multi-asset Execution Trust, as issuer, the Closing Date Transferor, as agreed to by the Seller transferor, Capital One Bank (USA), National Association, as administrator, and the Collateral Interest Holder. Notwithstanding the foregoingThe Bank of New York Mellon, except as indenture trustee.
(e) 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 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 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.
(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 (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 "National City Credit Card Master Trust, Series 2000-1I Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate 6.90% Asset Backed Certificates, Series 2000-1" and the second of which shall be known as I (the "Class A Certificates") and the Class B Floating Rate 7.15% Asset Backed Certificates, Series 2000-1." I (the "Class B Certificates"). 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 2000-1 I (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 2000-1 I shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 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 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 (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 20001999-1H Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001999-1" H (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001999-1." H (the "Class B Certificates"). 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 20001999-1 H (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001999-1 H shall be included in Group One (as defined below). Series 20001999-1 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 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 SECTION 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 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 (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 pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Master Trust, Series 20002001-1." The Series 20002001-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20002001-1" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20002001-1." 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 in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 20002001-1 (the "COLLATERAL INTEREST").
(b) Series 20002001-1 shall be included in Group One (as defined below). Series 20002001-1 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 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 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.
(d) Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 20002001-1 shall be the October 2000 March 2001 Distribution Date and the first Monthly Period shall be the period from the Closing Date until September 30February 28, 20002001.
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 the "National City Credit Card Master Trust, Series 20001999-1J Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate 7.00% Asset Backed Certificates, Series 20001999-1" and the second of which shall be known as J (the "Class A Certificates") and the Class B Floating Rate 7.40% Asset Backed Certificates, Series 20001999-1." J (the "Class B Certificates"). 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 20001999-1 J (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001999-1 J shall be included in Group One (as defined below). Series 20001999-1 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 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 SECTION 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 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 (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 20001999-1E Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001999-1" E (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001999-1." E (the "Class B Certificates"). 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 20001999-1 E (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001999-1 E shall be included in Group One (as defined below). Series 20001999-1 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 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 SECTION 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 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 (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 the "National City Credit Card Master Trust, Series 20001999-1G Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate 6.35% Asset Backed Certificates, Series 20001999-1" and the second of which shall be known as G (the "Class A Certificates") and the Class B Floating Rate 6.60% Asset Backed Certificates, Series 20001999-1." G (the "Class B Certificates"). 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 20001999-1 G (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001999-1 G shall be included in Group One (as defined below). Series 20001999-1 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 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 SECTION 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 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 (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 the "National City Credit Card Master Trust, Series 2000-1E Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate 7.80% Asset Backed Certificates, Series 2000-1" and the second of which shall be known as E (the "Class A Certificates") and the Class B Floating Rate 8.15% Asset Backed Certificates, Series 2000-1." E (the "Class B Certificates"). 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 2000-1 E (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 2000-1 E shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 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 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 (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 20001999-1I Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate 6.40% Asset Backed Certificates, Series 20001999-1" and the second of which shall be known as I (the "Class A Certificates") and the Class B Floating Rate 6.70% Asset Backed Certificates, Series 20001999-1." I (the "Class B Certificates"). 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 20001999-1 I (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001999-1 I shall be included in Group One (as defined below). Series 20001999-1 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 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 SECTION 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 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 (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 the "National City Credit Card Master Trust, Series 20001999-1D Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001999-1" and the second of which shall be known as D (the "Class A Certificates") and the Class B Floating Rate 6.50% Asset Backed Certificates, Series 20001999-1." D (the "Class B Certificates"). 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 20001999-1 D (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001999-1 D shall be included in Group One (as defined below). Series 20001999-1 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 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 SECTION 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 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 (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 pursuant to the Agreement and this Series Supplement to be known as the "National City Credit Card Master Trust, Series 2000-1." The Series 2000-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Auto Loan Asset Backed Certificates, Series 20002002-1" and CC". This Series Supplement is the second of which shall be known as Series 2002-CC Supplement referred to in (i) the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." 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 in the DCMOT Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Supplement, except as expressly provided herein, and which shall be known as (ii) the Collateral Interest, Series 2000-1 (the "COLLATERAL INTEREST")Indenture.
(b) 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 Series 2000-1 Supplement shall be included in Group One (as defined below). Series 2000-1 shall not be subordinated to any other Seriesgovern.
(c) The Collateral Interest Holder, as holder of an "Investor Certificate" under Notwithstanding anything to the contrary in the Agreement, shall be entitled to the benefits of the Agreement and this 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 SECTION 6.09(b)(d)(i) and clauses (a) and clause (c) of the definition of "Tax Opinion in SECTION 1.01 Opinion" shall not apply with respect to the Series 2002-CC Certificates and any provision of the Agreement shall not be applicable to (including, for the Collateral Interestavoidance of doubt, and clause (iia) the provisions of SECTION 3.07 of the Agreement shall not apply to cause the Collateral Interest definition "Tax Opinion") that requires a Series of Investor Certificates 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 shall not apply to the Series 2002-CC Certificates. The Seller intends, and the Holders of the Series 2002-CC Certificates agree by accepting the Series 2002-A Certificates, that the Series 2002-CC Certificates represent an equity interest in the assets of the TrustTrust for tax purposes.
(d) Notwithstanding any provision the definition "Required Participation Amount" in the Agreement or in this Supplement Agreement, the calculation of the Required Participation Amount as it relates to Series 2002-CC shall be made as follows: an amount equal to the contrary, sum of (i) the first sum of the amounts for each series of Notes obtained by multiplying the Required Participation Percentage for Series 2002-CC by the nominal liquidation amount of such series of Notes and (ii) the sum of the overcollateralization amounts for each series of Notes on the preceding Distribution Date with respect after giving effect to the allocations, deposits and payments made on such Distribution Date.
(e) The Series 20002002-1 shall CC Certificates need not be the October 2000 Distribution Date and the first Monthly Period shall be the period from the Closing Date until September 30, 2000rated.
Appears in 2 contracts
Sources: Series Supplement Agreement (Daimlerchrysler Master Owner Trust), Series Supplement Agreement (Carco Auto Loan Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 20001998-1." ". The Series 20001998-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate 6.310% Asset Backed Certificates, Series 20001998-1" and the second of which shall be known as the "Class B Floating Rate 6.356% Asset Backed Certificates, Series 20001998-1." 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 Supplement, except as expressly provided herein, Series Supplement and which shall be known as the Collateral Interest"Floating Rate Class C Asset Backed Interests, Series 20001998-1 (the 1"COLLATERAL INTEREST").
(b) Series 20001998-1 shall be included in Group One (as defined below)and shall be a Principal Sharing Series and a Subordinated Excess Principal Series. Series 20001998-1 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion Opinion" in SECTION 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 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 amounts due on the Closing Date until September 30, 2000pursuant to the Class 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 the "National City Credit Card Master Trust, Series 2000-1A Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate 7.35% Asset Backed Certificates, Series 2000-1" and the second of which shall be known as A (the "Class A Certificates") and the Class B Floating Rate 7.55% Asset Backed Certificates, Series 2000-1." A (the "Class B Certificates"). 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 2000-1 A (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 2000-1 A shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 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 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 (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 pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 2000-12." The Series 2000-1 2 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate 7.20% Asset Backed Certificates, Series 2000-12" and the second of which shall be known as the "Class B Floating Rate 7.35% Asset Backed Certificates, Series 2000-12." 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 "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Supplement, except as expressly provided herein, Series Supplement and which shall be known as the "Collateral Interest, Series 2000-1 (the 2."COLLATERAL INTEREST").
(b) Series 2000-1 2 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 2000-1 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion in SECTION Opinion" in
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 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 "National City Credit Card Master Trust, Series 2000-1F Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" F (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." F (the "Class B Certificates"). 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 2000-1 F (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 2000-1 F shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 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 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 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 pursuant to the Agreement and this Supplement to be known as the "National City Fleet Credit Card Master TrustTrust II, Series 20002001-1.A." The Series 2000-1 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the "Class A Floating Rate Asset Asset-Backed Certificates, Series 20002001-1A," and the second of which Class shall be known as the "Class B Floating Rate Asset Asset-Backed Certificates, Series 20002001-1.A." 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 Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 20002001-1 (A." The Collateral Interest Holder shall be the "COLLATERAL INTEREST").Series Enhancer for Series 2001-A.
(b) Series 20002001-1 A shall be included in Group One (as defined below)One. Series 20002001-1 A shall be a Principal Sharing Series with respect to Group One only. Series 2001-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 2001-A shall be the April 2001 Distribution Date, and references herein to the Monthly Period relating to the April 2001 Distribution Date shall mean the period from the Closing Date through the end of March 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. 6
(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 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 Article VI and ARTICLE Article XII of the Agreement relating to the registrationexecution, 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 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 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.
(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 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 pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Master Trust, Series 20002002-1." The Series 20002002-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20002002-1" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20002002-1." 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 in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under the Agreement and this Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 20002002-1 (the "COLLATERAL INTEREST").
(b) Series 20002002-1 shall be included in Group One (as defined below). Series 20002002-1 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 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 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.
(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.the
Appears in 1 contract
Sources: 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 the "National City Credit Card Master Trust, Series 20001996-14 Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001996-1" 4 (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001996-1." 4 (the "Class B Certificates"). 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 20001996-1 4 (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001996-1 4 shall be included in Group One (as defined below). Series 20001996-1 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 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 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 Opinion of SECTION 3.07 Counsel specified in clause (d) of the sixth sentence of Section 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.
(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 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 "National City Credit Card Master Trust, Series 2000-1D Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" D (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." D (the "Class B Certificates"). 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 2000-1 D (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 2000-1 D shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 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 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 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 pursuant to the Agreement and this Series Supplement to be known generally as the "National City Credit Card Master Trust, Series 20001999-1B Certificates." The Series 20001999-1 B -------------------------- Certificates shall be issued in two Classes, the first of Classes which shall be known designated generally as (i) the "Class A Floating Rate A-1 Variable Funding Asset Backed Certificates, Series 20001999-1" and the second of which shall be known as B (the "Class A-1 Certificates"), the Class A-2 Variable Funding Asset Backed ---------------------- Certificates, Series 1999-B Floating Rate (the "Class A-2 Certificates", and together with the ---------------------- Class A-1 Certificates, the "Class A Certificates") and (ii) the Class B-1 -------------------- Variable Funding Asset Backed Certificates, Series 20001999-1." The B (the "Class A Certificates B-1 --------- Certificates") and the Class B-2 Variable Funding Asset Backed Certificates, ------------ Series 1999-B Certificates shall be substantially in (the form of EXHIBITS A-1 "Class B-2 Certificates", and A-2 heretotogether with the Class B-1 ---------------------- Certificates, respectivelythe "Class B Certificates"). In addition, there is hereby created -------------------- a third Class of which constitutes an uncertificated interest in the Trust 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 20001999-1 (B, with such rights as are assigned to the "COLLATERAL INTEREST")Collateral Interest in this Series Supplement.
(b) Series 2000-1 shall be included in Group One (as defined below). Series 2000-1 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 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 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 (iithe requirement of subsection 6.09(b) with respect to the provisions delivery of SECTION 3.07 an Opinion of Counsel that the Agreement shall not apply to cause the Collateral Interest to Investor Certificates be treated as debt for federal, state and local Federal income and franchise tax purposes, but rather the Seller intends and, together with purposes will not be applicable to 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.
(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 1 contract
Sources: Pooling and Servicing Agreement (First Usa 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 the "National City Credit Card Master Trust, Series 20001998-12 Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, desig nated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" 1998- 2 (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001998-1." 2 (the "Class B Certificates"). 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 20001998-1 2 (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001998-1 2 shall be included in Group One (as defined below). Series 20001998-1 2 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 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 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 Opinion of SECTION 3.07 Counsel specified in clause (d) of the sixth sentence of Section 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.
(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 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 pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 20002001-12." The Series 20002001-1 2 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20002001-12" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20002001-12." 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 "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 20002001-1 (the 2."COLLATERAL INTEREST").
(b) Series 20002001-1 2 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 20002001-1 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 2001-2 shall be the June 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion 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 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 pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 20001999-1." 2". The Series 20001999-1 2 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001999-12" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001999-12." 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 Supplement, except as expressly provided herein, Series Supplement and which shall be known as the "Collateral Interest, Series 20001999-1 (the 2."COLLATERAL INTEREST").
(b) Series 20001999-1 2 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 20001999-1 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 1999-2 shall be the July 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion in SECTION Opinion" in
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 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 pursuant to the Agreement and this Supplement to be known as the "National City “American Express Credit Card Account Master Trust, Series 2000-120[__]-[_]." ” The Series 2000-1 20[__]-[_] Certificates shall be issued in two Classes, the first of which shall be known as the "“Class A Series 20[__]-[_] [Floating Rate Rate][___]% Asset Backed Certificates, Series 2000-1" ” and the second of which shall be known as the "“Class B Series 20[__]-[_] [Floating Rate Rate][___]% Asset Backed Certificates, Series 2000-1." 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 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, 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 deemed to be the Series Enhancer for all purposes under the Agreement and this Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 2000-1 (the "COLLATERAL INTEREST").
(b) Series 2000-1 20[__]-[_] shall be included in Group One (as defined below)[I][II] and shall be a Principal Sharing Series. Series 2000-1 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 December 2021 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 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 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 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 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) Notwithstanding any provision in 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 or in and this Supplement to 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 contraryissuance of any future Series of Investor Certificates, notwithstanding subsection 6.03(b)(iv) of the Agreement, the first Distribution Date Rating Agency Condition need not be satisfied for Series 20[__]-[_] with respect to any Rating Agency (other than [__]) then rating 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, 200020[__]-[_].
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 the "National City Credit Card Master Trust, Series 20001998-1F Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001998-1" F (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001998-1." F (the "Class B Certificates"). 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 20001998-1 F (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001998-1 F shall be included in Group One (as defined below). Series 20001998-1 F shall not be subordinated to any other Series.
(ca) 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 SECTION 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 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 1 contract
Sources: Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii)
Designation. (a) There is hereby The Series created a pursuant to the Original Series 2001-D Supplement consists of an Investor Certificates to be Certificate issued pursuant to the Agreement and this the Original Series 2001-D Supplement to be and known as the "National City Credit Card Master TrustSeries 2001-D Certificate." Such Investor Certificate has been issued in one Class and is designated the Asset Backed Certificate, Series 20002001-1." D (the "Series 2001-D Certificate"). The Series 20002001-1 Certificates shall be D Certificate has been issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." The Class A Certificates and the Class B Certificates shall be one definitive certificate substantially in the form of EXHIBITS A-1 and A-2 Exhibit A hereto, respectively. In addition, there is hereby created a third Class of second Class, an uncertificated undivided interest in the Trust which shall be deemed to be an "Investor Certificate" Certificate for all purposes under the Agreement and this Series Supplement, except as expressly provided herein, and which shall be known as the Collateral InterestClass D Certificate, Series 20002001-1 D (the "COLLATERAL INTERESTClass D Certificate"). The Class D Certificate shall been issued as one definitive certificate substantially in the form of Exhibit A-1 hereto.
(b) Series 20002001-1 shall be D is included in Group One (as defined below). Series 20002001-1 shall D is 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 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 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 SECTION 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 do not be applicable apply to the Collateral InterestSeries 2001-D Certificate, and (ii) the provisions of SECTION Section 3.07 of the Agreement shall do not apply to cause the Collateral Interest Series 2001-D 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 2001-D Certificateholders, agrees to treat the Collateral Interest Series 2001-D Certificate 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 Series Supplement. Notwithstanding any provision 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, as the Class D Certificateholder, intends and 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.
(e) This Series Supplement is the Series 2001-D Supplement referred to in the Third Amended and Restated Trust Agreement or in this Supplement to of the contraryBA Credit Card Trust, the first Distribution Date with respect to Series 2000-1 shall be the dated as of October 2000 Distribution Date 20, 2006, among Funding, as beneficiary, and the first Monthly Period shall be the period from the Closing Date until September 30Wilmington Trust Company, 2000as owner trustee.
Appears in 1 contract
Sources: Series 2001 D 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 "National City Credit Card Master Trust, Series 2000-1H Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" H (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." H (the "Class B Certificates"). 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 2000-1 H (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 2000-1 H shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 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 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 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 the "National City Credit Card Master Trust, Series 2000-1C Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" C (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." C (the "Class B Certificates"). 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 2000-1 C (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 2000-1 C shall be included in Group One (as defined below). Series 2000-1 C 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 SECTION 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 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 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 pursuant to the Agreement and this Supplement to be known as the "National City Fleet Credit Card Master TrustTrust II, Series 20002002-1.A." The Series 2000-1 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the "Class A Floating Rate Asset Asset-Backed Certificates, Series 20002002-1A," and the second of which Class shall be known as the "Class B Floating Rate Asset Asset-Backed Certificates, Series 20002002-1.A." 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 Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 20002002-1 (A." The Collateral Interest Holder shall be the "COLLATERAL INTEREST").Series Enhancer for Series 2002-A.
(b) Series 20002002-1 A shall be included in Group One (as defined below)One. Series 20002002-1 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 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 Article VI and ARTICLE Article XII of the Agreement relating to the registrationexecution, 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 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 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.
(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 1 contract
Sources: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)
Designation. (a) There is hereby The Series created a pursuant to the Original Series 1997-B Supplement consists of Investor Certificates to be issued in three classes pursuant to the Agreement and this the Original Series 1997-B Supplement to be and are known together as the "National City Credit Card Master Trust, Series 20001997-1.B." The Series 2000-1 Certificates shall be issued in two Classes, three classes are designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001997-1" B (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001997-1." B (the "Class B Certificates") and the Class C Floating Rate Asset Backed Interests, Series 1997-B (the "Class C Interests"). The Class A Certificates and the Class B Certificates shall be are substantially in the form of EXHIBITS Exhibits A-1 and A-2 hereto, respectively. In addition, there is hereby created a third The Class of an C Interests are issued in uncertificated interest in the Trust which shall be form and are deemed to be an "Investor Certificate" for all purposes under the Agreement and this Series Supplement, except as expressly provided herein. In addition, and there is hereby created a fourth Class of Investor Certificates which shall be known as the Collateral InterestClass D Certificate, Series 20001997-1 B (the "COLLATERAL INTERESTClass D Certificate," and together with the Class A Certificates and the Class B Certificates, the "Series 1997-B Certificates"). The Class D Certificate shall be issued as one definitive certificate substantially in the form of Exhibit A-3 hereto.
(b) Series 20001997-1 shall be B is included in Group One (as defined below). Series 20001997-1 shall B is not be subordinated to any other Series.
(c) The Collateral Class C Interest HolderHolders, 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 (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 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 SECTION Section 6.09(b)(d)(i) and clause (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement do not apply to the Class C Interests.
(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 Section 1.01 of the Agreement shall not be applicable to the Collateral InterestClass D Certificate, and (ii) the provisions of SECTION Section 3.07 of the Agreement shall do not apply to cause the Collateral Interest Class D 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 HolderClass D Certificateholder, agrees to treat the Collateral Interest Class D Certificate 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 1 contract
Sources: Amended and Restated Series 1997 B Supplement (BA Credit Card Funding, LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 20001999-1." 3". The Series 20001999-1 3 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001999-13" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001999-13." 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 Supplement, except as expressly provided herein, Series Supplement and which shall be known as the "Collateral Interest, Series 20001999-1 (the 3."COLLATERAL INTEREST").
(b) Series 20001999-1 3 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 20001999-1 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion in SECTION Opinion" in
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 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 "National City Credit Card Master Trust, Series 20001997-11 Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001997-1" 1 (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001997-1." 1 (the "Class B Certificates"). 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 20001997-1 (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001997-1 shall be included in Group One (as defined below). Series 20001997-1 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 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 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 Opinion of SECTION 3.07 Coun- sel specified in clause (d) of the sixth sentence of Section 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.
(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 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 three classes pursuant to the Pooling and Servicing Agreement and this Series Supplement and to be known together as the "National City Credit Card Master Trust, Series 2000-1.E." The Series 2000-1 Certificates three classes shall be issued in two Classes, designated the first of which shall be known as the "5.50% Class A Floating Rate Asset Backed Certificates, Series 2000-1" and E (the second of which shall be known as "Class A Certificates"), the Class B Investor Interest, Series E (the "Class B Floating Rate Asset Backed CertificatesInvestor Interest") and the Class C Investor Interest, Series 2000-1." 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 2000-1 (the "COLLATERAL INTEREST").
(b) Series 2000-1 shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (csubsection 6.12(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 Section 3.7 of the Pooling and Servicing Agreement shall not apply to cause the Collateral Class C Investor Interest (or the Class B Investor Interest while retained by JCPR) 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 (and the Class B Investor Interest while retained by JCPR) 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 1 contract
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Series Supplement to be known as the "National City COLLATERAL CERTIFICATES." The Collateral Certificates will be transferred by the Transferor to World Financial Network Credit Card Master Note Trust (the "NOTE TRUST") pursuant to a Transfer and Servicing Agreement dated as of August 1, 2001 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 August 1, 2001 between the Note Trust and BNY Midwest Trust Company, 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 portions of the Collateral Certificates primarily securing each Note Series shall be treated as separate Series (each, a "COLLATERAL SERIES") under the Agreement and this Series Supplement. Certain terms pertaining to each Collateral Series will be defined in the applicable Indenture Supplements (but are hereby incorporated by reference into this Series Supplement), including whether or not such Collateral Series is a Principal Sharing Series and the Specified Transferor Amount for such Collateral Series. Unless and until the Trust has been terminated as permitted by Section 3(b) of this Series Supplement: (a) each Indenture Supplement executed and delivered by the Note Trust shall be deemed to supplement this Series Supplement; (b) a new Collateral Series shall be deemed to be issued upon the issuance of each Note Series and shall have the same designation (E.G., Series 20002001-1." The A) and belong to the same Group as the related Note Series; (c) the amounts payable as interest and principal on such Collateral Series 2000-1 Certificates shall equal the aggregate of the amounts payable on the related Note Series and shall be issued payable at the times and in two Classesthe amounts specified in the Indenture Supplement for such Note Series, the first of which (d) all amounts available and applied as credit enhancement with respect to such Note Series shall be known deemed to be available and applied as credit enhancement with respect to such Collateral Series; (e) all amounts payable to the Transferor pursuant to the related Indenture Supplement shall be deemed to be payable to the Transferor pursuant to this Series Supplement; (f) any "Additional Minimum Transferor Amount" specified in an Indenture Supplement as an additional amount to be considered part of the "Class Minimum Transferor Amount" pursuant to clause (b) of the definition thereof in Annex A Floating Rate Asset Backed Certificates, Series 2000-1" and to the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." 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 in the Trust which Master Indenture shall be deemed to be an "Investor Certificate" for all purposes under additional amount to be considered part of the Agreement and this Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 2000-1 (the "COLLATERAL INTEREST").
Minimum Transferor Amount pursuant to clause (b) Series 2000-1 shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of Tax Opinion Minimum Transferor Amount and (g) the conditions defined in SECTION 1.01 Section 6.3 of the Agreement shall not for issuance of new Series must be applicable to the Collateral Interest, and (ii) the provisions satisfied in connection with each issuance 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 Trusta Note Series.
(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 1 contract
Sources: Collateral Series Supplement (World Financial Network 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 the "National City Credit Card Master Trust, Series 20001999-1A Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classesdesignated the Class A Floating Rate Asset-Backed Certificates, the first of which shall be known as Series 1999-A (the "Class A Certificates") and the Class B Floating Rate Asset Asset- Backed Certificates, Series 20001999-1" and the second of which shall be known as A (the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." "). The Class A Certificates and the Class B Certificates shall be substantially in the form of EXHIBITS 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 20001999-1 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 20001999-1 A shall be included in Group One (as defined below). Series 20001999-1 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 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 HolderSeries Supplement. 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 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 TrustClass C Interests.
(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 1 contract
Sources: Pooling and Servicing Agreement (World Financial Network National Bank)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Fleet Credit Card Master TrustTrust II, Series 20001999-1.D." The Series 2000-1 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the "Class A Floating Rate Asset Asset-Backed Certificates, Series 20001999-1D," and the second of which Class shall be known as the "Class B Floating Rate Asset Asset-Backed Certificates, Series 20001999-1.D." 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 Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 20001999-1 (D." The Collateral Interest Holder shall be the "COLLATERAL INTEREST").Series Enhancer for Series 1999-D.
(b) Series 20001999-1 D shall be included in Group One (as defined below)One. Series 20001999-1 D shall be a Principal Sharing Series with respect to Group One only. Series 1999-D 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-D shall be the December 15, 1999 Distribution Date, and references herein to the Monthly Period relating to the December 15, 1999 Distribution Date shall mean the period from the Closing Date through the end of November 1999.
(cd) The Collateral Interest Holder, as holder of an "Investor Certificate" under the Agreement, shall be entitled to the benefits of the Agreement and this 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 Article VI and ARTICLE Article XII of the Agreement relating to the registrationexecution, 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 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 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.
(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 1 contract
Sources: Series 1999 D Supplement (Fleet Bank National Association /Ri/)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 20001999-1." ". The Series 20001999-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001999-1" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001999-1." 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 Supplement, except as expressly provided herein, Series Supplement and which shall be known as the "Collateral Interest, Series 20001999-1 (the 1."COLLATERAL INTEREST").
(b) Series 20001999-1 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 20001999-1 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion Opinion" in SECTION Section 1.01 of the Agreement shall not be applicable to the Collateral InterestInterest , 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 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 the "National City Credit Card Master Trust, Series 20001997-14 Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001997-1" 4 (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001997-1." 4 (the "Class B Certificates"). 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 ex pressly provided herein, and which shall be known as the Collateral Interest, Series 20001997-1 4 (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001997-1 4 shall be included in Group One (as defined below). Series 20001997-1 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 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 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 Opinion of SECTION 3.07 Counsel specified in clause (d) of the sixth sentence of Section 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.
(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 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 pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 20002002-12." The Series 20002002-1 2 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20002002-12" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20002002-12." 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 "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 20002002-1 (the 2."COLLATERAL INTEREST").
(b) Series 20002002-1 2 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 20002002-1 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 2002-2 shall be the May 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion 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 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.
(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 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 "National City Credit Card Master Trust, Series 20001998-16 Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001998-1" 6 (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001998-1." 6 (the "Class B Certificates"). 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 ex pressly provided herein, and which shall be known as the Collateral Interest, Series 20001998-1 6 (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001998-1 6 shall be included in Group One (as defined below). Series 20001998-1 6 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 Article VI and ARTICLE Article XII of the Agreement relating to the registration, authentication, delivery, presentation, cancellation cancel- lation 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 Collateral Interest, and (ii) the provisions Opinion of SECTION 3.07 Counsel specified in clause (d) of the sixth sentence of Section 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.
(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 1 contract
Sources: Supplement to Pooling and Servicing Agreement (Chase Manhattan Bank Usa)
Designation. (a) There is hereby The Series created a pursuant to the Original Series 2000-E Supplement consists of Investor Certificates to be issued in two classes pursuant to the Agreement and this the Original Series 2000-E Supplement to be and known together as the "National City Credit Card Master Trust, Series 2000-1E Certificates." The Series 2000-1 Certificates shall be issued in two Classes, classes are designated the first of which shall be known as the "Class A Floating Rate 7.80% Asset Backed Certificates, Series 2000-1" and the second of which shall be known as E (the "Class A Certificates") and the Class B Floating Rate 8.15% Asset Backed Certificates, Series 2000-1." E (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be are 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 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 2000-1 E (the "COLLATERAL INTERESTCollateral Interest"). In addition, there is hereby created a fourth Class of Investor Certificates which shall be known as the Class D Certificate, Series 2000-E (the "Class D Certificate," and together with the Class A Certificates and the Class B Certificates, the "Series 2000-E Certificates"). The Class D Certificate shall be issued as one definitive certificate substantially in the form of Exhibit A-3 hereto.
(b) Series 2000-1 shall be E is included in Group One (as defined below). Series 2000-1 shall E 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 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 HolderSeries Supplement. 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 SECTION 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 do not be applicable apply to the Collateral Interest, and (ii) the provisions of SECTION 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 any provision 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 Agreement or in this Supplement to assets of 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, 2000Trust.
Appears in 1 contract
Sources: Amended and Restated Series 2000 E Supplement (BA Credit Card Funding, LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Fleet Credit Card Master TrustTrust II, Series 20002001-1.C." The Series 2000-1 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the "Class A Floating Rate Asset 3.86% Asset-Backed Certificates, Series 20002001-1C," and the second of which Class shall be known as the "Class B Floating Rate Asset 4.19% Asset-Backed Certificates, Series 20002001-1.C." 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 Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 20002001-1 (C." The Collateral Interest Holder shall be the "COLLATERAL INTEREST").Series Enhancer for Series 2001-C.
(b) Series 20002001-1 C shall be included in Group One (as defined below)One. Series 20002001-1 C shall be a Principal Sharing Series with respect to Group One only. Series 2001-C 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-C shall be the December 2001 Distribution Date, and references herein to the Monthly Period relating to the December 2001 Distribution Date shall mean the period from the Closing Date through the end of November 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 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 Article VI and ARTICLE Article XII of the Agreement relating to the registrationexecution, 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 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 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.
(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 1 contract
Sources: Series 2001 C 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 the "National City Credit Card Master Trust, Series 20001999-1A Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001999-1" A (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001999-1." A (the "Class B Certificates"). 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 20001999-1 A (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001999-1 A shall be included in Group One (as defined below). Series 20001999-1 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 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 SECTION 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 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 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 pursuant to the Agreement and this Series Supplement to be known as the "National City Collateral Certificates." The Transferor and the Servicer 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 transferred by the Transferor to FNANB Credit Card Master Note Trust (the "Note Trust") pursuant to a Transfer and Servicing Agreement dated as of July 1, 2002 (the "Transfer 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 July 1, 2002 between the Note Trust and JPMorgan Chase Bank, 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 portions of the Collateral Certificates primarily securing each Note Series 2000-1." The Series 2000-1 Certificates shall be issued treated as separate Series (each, a "Collateral Series") under the Agreement and this Series Supplement. Certain terms pertaining to each Collateral Series will be defined in two Classesthe applicable Indenture Supplements (but are hereby incorporated by reference into this Series Supplement), including whether such Collateral Series is a Principal Sharing Series, whether such Collateral Series is one of the first Series of which Group One and the Minimum Transferor Interest Percentage and Minimum Aggregate Principal Receivables for such Collateral Series. Unless and until the Trust has been terminated as permitted by Section 3(b) of this Series Supplement:
(a) each Indenture Supplement executed and delivered by the Note Trust shall be known as the "Class A Floating Rate Asset Backed Certificates, deemed to supplement this Series 2000-1" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Supplement; (b) a new Collateral Series 2000-1." 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 in the Trust which shall be deemed to be an "Investor Certificate" for all purposes under issued upon the Agreement issuance of each Note Series and this Supplementshall have the same designation (e.g., except as expressly provided herein, Series 2002-A) and which shall be known Classes and belong to the same Group as the Collateral Interest, Series 2000-1 (the "COLLATERAL INTEREST").
(b) Series 2000-1 shall be included in Group One (as defined below). Series 2000-1 shall not be subordinated to any other 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 Supplement upon payment by the Collateral Interest Holder for issuance of amounts owing on the Closing Date as agreed to by the Seller and the Collateral Interest Holdernew Series must be satisfied in connection with each issuance of a 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 SECTION 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.
(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 1 contract
Sources: Collateral Series Supplement (Dc Funding International Inc)
Designation. (a) There is hereby The Series created a pursuant to the Original Series 2001-D Supplement consists of an Investor Certificates to be Certificate issued pursuant to the Agreement and this the Original Series 2001-D Supplement to be and known as the "National City Credit Card Master Trust“Series 2001-D Certificate.” Such Investor Certificate has been issued in one Class and is designated the Asset Backed Certificate, Series 20002001-1." D (the “Series 2001-D Certificate”). The Series 20002001-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." The Class A Certificates and the Class B Certificates shall be D Certificate currently outstanding takes substantially in the form of EXHIBITS A-1 and A-2 Exhibit A hereto, respectively. In addition, there is hereby was created pursuant to the Third Amended and Restated Series 2001-D Supplement, a third Class of second Class, an uncertificated undivided interest in the Trust which shall be deemed to be is an "Investor Certificate" 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 InterestClass D Certificate, Series 20002001-1 D (the "COLLATERAL INTEREST"“Class D Certificate”). The Class D Certificate currently outstanding takes substantially the form of Exhibit A-1 hereto.
(b) Series 20002001-1 shall be D is included in Group One (as defined below). Series 20002001-1 shall D is 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 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 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 SECTION subsection 6.09(b)(d)(i) of the Agreement and clauses (a) and (c) of the definition of Tax Opinion in SECTION Section 1.01 of the Agreement shall do not be applicable apply to the Collateral InterestSeries 2001-D Certificate, and (ii) the provisions of SECTION Section 3.07 of the Agreement shall do not apply to cause the Collateral Interest Series 2001-D 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 2001-D Certificateholders, agrees to treat the Collateral Interest Series 2001-D Certificate 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 Class D Certificateholder, as holder of an Investor Certificate under the Agreement, shall be entitled to the benefits of the Agreement or in and this Supplement Series Supplement. Notwithstanding the foregoing, except as expressly provided herein, (i) the provisions of Article VI and Article XII of the Agreement relating to the contraryregistration, the first Distribution Date with respect to Series 2000-1 shall be the October 2000 Distribution Date authentication, delivery, presentation, cancellation and surrender of Registered Certificates and the first Monthly Period opinion described in subsection 6.09(b)(d)(i) of the Agreement and clauses (a) and (c) of the definition of Tax Opinion in Section 1.01 of the Agreement shall not be applicable to the period from the Closing Date until September 30Class D Certificate, 2000.and
Appears in 1 contract
Sources: Fifth Amended and Restated Series 2001 D Supplement
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Fleet Credit Card Master TrustTrust II, Series 20002001-1.B." The Series 2000-1 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the "Class A Floating Rate Asset 5.60% Asset-Backed Certificates, Series 20002001-1B," and the second of which Class shall be known as the "Class B Floating Rate Asset 5.90% Asset-Backed Certificates, Series 20002001-1.B." 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 Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 20002001-1 (B." The Collateral Interest Holder shall be the "COLLATERAL INTEREST").Series Enhancer for Series 2001-B.
(b) Series 20002001-1 B shall be included in Group One (as defined below)One. Series 20002001-1 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 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 Article VI and ARTICLE Article XII of the Agreement relating to the registrationexecution, 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 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 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.
(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 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 pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 2000-1." ". The Series 2000-1 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate 7.10% Asset Backed Certificates, Series 2000-1" and the second of which shall be known as the "Class B Floating Rate 7.30% Asset Backed Certificates, Series 2000-1." 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 "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Supplement, except as expressly provided herein, Series Supplement and which shall be known as the "Collateral Interest, Series 2000-1 (the 1."COLLATERAL INTEREST").
(b) Series 2000-1 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 2000-1 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion in SECTION Opinion" in
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 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 pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 20002001-14." The Series 20002001-1 4 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20002001-14" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20002001-14." 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 "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 20002001-1 (the 4."COLLATERAL INTEREST").
(b) Series 20002001-1 4 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 20002001-1 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion 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 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.
(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 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 to be and known together as the "National City Credit Card Master Trust, Series 20002001-1B Certificates." The Series 2000-1 Certificates shall be issued in two Classes, classes are designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20002001-1" B (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20002001-1." B (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be are 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 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 20002001-1 B (the "COLLATERAL INTERESTCollateral 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 20002001-1 shall be B is included in Group One (as defined below). Series 20002001-1 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 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 HolderSeries Supplement. 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 SECTION 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 do not be applicable apply to the Collateral Interest, and (ii) the provisions of SECTION 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 any provision 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 Agreement or in this Supplement to assets of 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, 2000Trust.
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 the "National City Credit Card Master Trust, Series 20002002-11 Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20002002-1" 1 (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20002002-1." 1 (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be substantially in the form of EXHIBITS Exhibits A-1 and A-2 attached hereto, 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" 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 20002002-1 (the "COLLATERAL INTERESTCollateral Interest")) and have the rights assigned to the Collateral Interest in this Series Supplement.
(b) Series 20002002-1 shall be included in Group One (as defined below). Series 20002002-1 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 pursuant to the Loan Agreement (as agreed to by the Seller and the Collateral Interest Holderdefined below). 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 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.
(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 1 contract
Sources: Pooling and Servicing Agreement (Mellon Bank Premium Finance Loan Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 2000-14." The Series 2000-1 4 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-14" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-14." 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 "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 2000-1 (the 4."COLLATERAL INTEREST").
(b) Series 2000-1 4 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 2000-1 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 November 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion in SECTION Opinion" in
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 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 "National City Credit Card Master Trust, Series 2000-1G Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" G (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." G (the "Class B Certificates"). 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 2000-1 G (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 2000-1 G shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 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 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 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 the "National City Credit Card Master Trust, Series 20001999-1L Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001999-1" L (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001999-1." L (the "Class B Certificates"). 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 20001999-1 L (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001999-1 L shall be included in Group One (as defined below). Series 20001999-1 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 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 SECTION 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 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 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 The Series of 1998-1 Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Master Trust, Series 2000-1." The Series 2000-1 Certificates ----------- shall be issued in two Classes, the first of which shall be known designated generally as the "Floating Rate Class A Floating Rate Asset Backed Certificates, Series 20001998-1" 1 and the second of which shall be known as the "Floating Rate Class B Floating Rate Asset Backed Certificates, Series 20001998-1." 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 authorized a third Class of which constitutes an uncertificated interest in the Trust Trust, 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 20001998-1 (and have the "COLLATERAL INTEREST")rights assigned to the Collateral Interest in this Series Supplement.
(b) Series 2000-1 shall be included in Group One (as defined below). Series 2000-1 shall not be subordinated to any other Series.
(c) The Collateral 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 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 Article VI and ARTICLE Article XII of the Pooling and Servicing 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 Collateral Interest, Interest and (ii) the provisions Opinion of SECTION 3.07 Counsel specified in clause (d) of the sixth sentence of subsection 6.9(h) 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 required 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, 2000Collateral Interest.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Peoples Bank Credit Card Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 2000-15." The Series 2000-1 5 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-15" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-15." 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 "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 2000-1 (the 5."COLLATERAL INTEREST").
(b) Series 2000-1 5 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 2000-1 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 2000-5 shall be the December 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion in SECTION Opinion" in
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 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 "National City Credit Card Master Trust, Series 20001999-12 Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001999-1" 2 (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001999-1." 2 (the "Class B Certificates"). 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 20001999-1 2 (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001999-1 2 shall be included in Group One (as defined below). Series 20001999-1 2 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 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 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 Opinion of SECTION 3.07 Counsel specified in clause (d) of the sixth sentence of Section 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.
(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 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 pursuant to the Agreement and this Series Supplement to be known generally as the "National City Credit Card Master Trust, Series 20001999-1A Certificates." The Series 20001999-1 A -------------------------- Certificates shall be issued in two Classes, the first of Classes which shall be known designated generally as (i) the "Class A Floating Rate Variable Funding Asset Backed Certificates, Series 20001999-1" A (the "Class A Certificates") and (ii) the second of which shall be known as Class B Variable Funding Asset Backed -------------------- Certificates, Series 1999-A (the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." 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 which constitutes an uncertificated interest in the Trust 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 20001999-1 (A, with such rights as are assigned to the "COLLATERAL INTEREST")Collateral Interest in this Series Supplement.
(b) Series 2000-1 shall be included in Group One (as defined below). Series 2000-1 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 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 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 (iithe requirement of subsection 6.09(b) with respect to the provisions delivery of SECTION 3.07 an Opinion of Counsel that the Agreement shall not apply to cause the Collateral Interest to Investor Certificates be treated as debt for federal, state and local Federal income and franchise tax purposes, but rather the Seller intends and, together with purposes will not be applicable to 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.
(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 1 contract
Sources: Pooling and Servicing Agreement (First Usa Credit Card Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Master Trust, Series 2000-12000-__." The Series 2000-1 2000-__ Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-12000-__" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-12000-__." 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 2000-1 2000-_ (the "COLLATERAL INTEREST").
(b) Series 2000-1 2000-__ shall be included in Group One (as defined below). Series 2000-1 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 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 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.
(d) Notwithstanding any provision in the Agreement or in this Supplement to the contrary, the first Distribution Date with respect to Series 2000-1 2000-__ 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 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 pursuant to the Agreement and this Supplement to be known as the "National City Fleet Credit Card Master TrustTrust II, Series 20002002-1.C." The Series 2000-1 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the "Class A Floating Rate Asset 2.75% Asset-Backed Certificates, Series 20002002-1C," and the second of which Class shall be known as the "Class B Floating Rate Asset Asset-Backed Certificates, Series 20002002-1.C." 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 Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 20002002-1 (C." The Collateral Interest Holder shall be the "COLLATERAL INTEREST").Series Enhancer for Series 2002-C.
(b) Series 20002002-1 C shall be included in Group One (as defined below)One. Series 20002002-1 C shall be a Principal Sharing Series with respect to Group One only. Series 2002-C 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-C shall be the January 2003 Distribution Date, and references herein to the Monthly Period relating to the January 2003 Distribution Date shall mean the period from the Closing Date through the end of December 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 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 Article VI and ARTICLE Article XII of the Agreement relating to the registrationexecution, 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 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 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.
(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 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 pursuant to the Agreement and this Supplement to be known as the "National City Fleet Credit Card Master TrustTrust II, Series 2000-1200_-_." The Series 2000-1 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the "Class A [Floating Rate Asset Rate] [___%] Asset-Backed Certificates, Series 2000-1200_-_," and the second of which Class shall be known as the "Class B [Floating Rate Asset Rate] [___%] Asset-Backed Certificates, Series 2000-1200_-_." 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 Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 2000-1 (200_-_." The Collateral Interest Holder shall be the "COLLATERAL INTEREST")Series Enhancer for Series 200_-_.
(b) Series 2000-1 200_-_ shall be included in Group One (as defined below)One. Series 2000-1 200_-_ 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 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 Article VI and ARTICLE Article XII of the Agreement relating to the registrationexecution, 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 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 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.
(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 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 the "National City Credit Card Master Trust, Series 20001997-15 Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate 6.194% Asset Backed Certificates, Series 20001997-1" and the second of which shall be known as 5 (the "Class A Certificates") and the Class B Floating Rate 6.388% Asset Backed Certificates, Series 20001997-1." 5 (the "Class B Certificates"). 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 20001997-1 5 (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001997-1 5 shall be included in Group One (as defined below). Series 20001997-1 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 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 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 Opinion of SECTION 3.07 Counsel specified in clause (d) of the sixth sentence of Section 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.
(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 1 contract
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 20001998-13 Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, desig nated the first of which shall be known as the "Class A Floating Rate 6.00% Asset Backed Certificates, Series 20001998-1" and the second of which shall be known as 3 (the "Class A Certificates") and the Class B Floating Rate 6.15% Asset Backed Certificates, Series 20001998-1." 3 (the "Class B Certificates"). 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 20001998-1 3 (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001998-1 3 shall be included in Group One (as defined below). Series 20001998-1 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 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 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 Opinion of SECTION 3.07 Counsel specified in clause (d) of the sixth sentence of Section 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.
(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 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 "National City Credit Card Master Trust, Series 2000-1B Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" B (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." B (the "Class B Certificates"). 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 2000-1 B (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 2000-1 B shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 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 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 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 pursuant to the Agreement and this Supplement to be known as the "National City Credit Card “Capital One Master Trust, Series 20002001-1." ” The Series 20002001-1 Certificates shall be issued in two Classes, the first of which shall be known as the "“Class A Floating Rate Asset Backed Certificates, Series 20002001-1" ” and the second of which shall be known as the "“Class B Floating Rate Asset Backed Certificates, Series 20002001-1." 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 “Investor Certificates” (and the Collateral Interest Holder shall be deemed to be an "“Investor Certificate" Certificateholder”) for all purposes under the Agreement and this Supplement, except as expressly provided herein, Supplement and which shall be known as the “Collateral Interest, Series 20002001-1 (the "COLLATERAL INTEREST")1.”
(b) Series 20002001-1 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 20002001-1 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 2001-1 shall be the March 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of “Tax Opinion in SECTION Opinion” in
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 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 "National City Credit Card Master Trust, Series 20001998-15 Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001998-1" 5 (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001998-1." 5 (the "Class B Certificates"). 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 20001998-1 5 (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001998-1 5 shall be included in Group One (as defined below). Series 20001998-1 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 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 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 Opinion of SECTION 3.07 Counsel specified in clause (d) of the sixth sentence of Section 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.
(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 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 pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 20001998-1." 4". The Series 20001998-1 4 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate 5.43% Asset Backed Certificates, Series 20001998-14" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001998-14." 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 Supplement, except as expressly provided herein, Series Supplement and which shall be known as the Collateral Interest"Class C Floating Rate Asset Backed Interests, Series 20001998-1 (the 4."COLLATERAL INTEREST").
(b) Series 20001998-1 4 shall be included in Group One (as defined below)and shall be a Principal Sharing Series and a Subordinated Excess Principal Series. Series 20001998-1 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 1998-4 shall be the December 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion Opinion" in SECTION 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 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 amounts due on the Closing Date until September 30, 2000pursuant to the Loan Agreement.
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 "National City Credit Card Master Trust, Series 20001998-1C Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001998-1" C (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001998-1." C (the "Class B Certificates"). 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 20001998-1 C (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001998-1 C shall be included in Group One (as defined below). Series 20001998-1 C 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 SECTION 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 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 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 the "National City Credit Card Master Trust, Series 2000-1K Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" K (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." K (the "Class B Certificates"). 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 2000-1 K (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 2000-1 K shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 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 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 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 the "National City Credit Card Master Trust, Series 20001998-1E Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001998-1" E (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001998-1." E (the "Class B Certificates"). 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 20001998-1 E (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001998-1 E shall be included in Group One (as defined below). Series 20001998-1 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 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 SECTION 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 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 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 "National City Credit Card Master Trust, Series 20002001-1B Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20002001-1" B (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20002001-1." B (the "Class B Certificates"). 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 20002001-1 B (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20002001-1 B shall be included in Group One (as defined below). Series 20002001-1 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 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 SECTION 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 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 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 the "National City Credit Card Master Trust, Series 20001999-11 Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20001999-1" 1 (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20001999-1." 1 (the "Class B Certificates"). 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 20001999-1 (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 20001999-1 shall be included in Group One (as defined below). Series 20001999-1 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 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 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 Opinion of SECTION 3.07 Counsel specified in clause (d) of the sixth sentence of Section 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.
(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 1 contract
Sources: Pooling and Servicing Agreement (Chase Manhattan Bank Usa)
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 to be and known together as the "National City Credit Card Master Trust, Series 2000-1H Certificates." The Series 2000-1 Certificates shall be issued in two Classes, classes are designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" H (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." H (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be are 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 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 2000-1 H (the "COLLATERAL INTERESTCollateral 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 2000-1 shall be H is included in Group One (as defined below). Series 2000-1 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 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 HolderSeries Supplement. 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 SECTION 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 do not be applicable apply to the Collateral Interest, and (ii) the provisions of SECTION 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 any provision 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 Agreement or in this Supplement to assets of 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, 2000Trust.
Appears in 1 contract
Sources: Amended and Restated Series 2000 H Supplement (BA Credit Card Funding, LLC)
Designation. (a) There is hereby The Series created a pursuant to the Original Series 1999-J Supplement consists of Investor Certificates to be issued in two classes pursuant to the Agreement and this the Original Series 1999-J Supplement to be and known together as the "National City Credit Card Master Trust, Series 20001999-1J Certificates." The Series 2000-1 Certificates shall be issued in two Classes, classes are designated the first of which shall be known as the "Class A Floating Rate 7.00% Asset Backed Certificates, Series 20001999-1" and the second of which shall be known as J (the "Class A Certificates") and the Class B Floating Rate 7.40% Asset Backed Certificates, Series 20001999-1." J (the "Class B Certificates"). The Class A Certificates and the Class B Certificates shall be are 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 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 20001999-1 J (the "COLLATERAL INTERESTCollateral Interest"). In addition, there is hereby created a fourth Class of Investor Certificates which shall be known as the Class D Certificate, Series 1999-J (the "Class D Certificate," and together with the Class A Certificates and the Class B Certificates, the "Series 1999-J Certificates"). The Class D Certificate shall be issued as one definitive certificate substantially in the form of Exhibit A-3 hereto.
(b) Series 20001999-1 shall be J is included in Group One (as defined below). Series 20001999-1 shall J 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 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 HolderSeries Supplement. 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 SECTION 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 do not be applicable apply to the Collateral Interest, and (ii) the provisions of SECTION 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 any provision 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 Agreement or in this Supplement to assets of 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, 2000Trust.
Appears in 1 contract
Sources: Amended and Restated Series 1999 J Supplement (BA Credit Card Funding, LLC)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued in three classes pursuant to the Pooling and Servicing Agreement and this Series Supplement and to be known together as the "National City Credit Card Master Trust, Series 2000-1.E." The Series 2000-1 Certificates three classes shall be issued in two Classes, designated the first of which shall be known as the "___% Class A Floating Rate Asset Backed Certificates, Series 2000-1" and E (the second of which shall be known as "Class A Certificates"), the Class B Investor Interest, Series E (the "Class B Floating Rate Asset Backed CertificatesInvestor Interest") and the Class C Investor Interest, Series 2000-1." 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 2000-1 (the "COLLATERAL INTEREST").
(b) Series 2000-1 shall be included in Group One (as defined below). Series 2000-1 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (csubsection 6.12(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 Section 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.
(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 1 contract
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City First Bankcard Master Credit Card Trust Collateral Certificate" or the "Collateral Certificate."
(b) The Collateral Certificate will be transferred by the Transferor to First National Master Note Trust (the "Note Trust") pursuant to a Transfer and Servicing Agreement dated as of [ ], 2002 among the Transferor, the Servicer and the Note Trust. The Note Trust will pledge the Collateral Certificate 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 The Bank of New York, as trustee (the "Indenture Trustee"), and one or more supplements to the Master Indenture (each, an "Indenture Supplement" and, together with the Master Indenture referred to above, as amended from time to time, the "Indenture"). The portion of the Collateral Certificate primarily securing each Note Series 2000-1." The Series 2000-1 Certificates shall be issued in two Classestreated as a separate Series (each, the first of which shall be known as the a "Class A Floating Rate Asset Backed Certificates, Series 2000-1" and the second of which shall be known as the Collateral Series"Class B Floating Rate Asset Backed Certificates, Series 2000-1." 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 in the Trust which shall be deemed to be an "Investor Certificate" for all purposes ) under the Agreement and this Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 2000-1 (the "COLLATERAL INTEREST").
(b) Series 2000-1 shall be included in Group One (as defined below). Series 2000-1 shall not be subordinated to any other Series.
(c) The Certain of the Principal Terms and other terms pertaining to each Collateral Interest HolderSeries will be defined in the applicable Indenture Supplements (and are hereby incorporated by reference into this Supplement), including whether or not such Collateral Series will be part of a Group. Unless and until the Trust has been terminated as holder permitted by Section 3(b) of an "Investor Certificate" under this Supplement: (a) the Agreement, Indenture and each Indenture Supplement executed and delivered by the Note Trust shall be entitled a supplement to this Supplement; (b) a new Collateral Series shall be issued upon the issuance of each Note Series and shall have the same designation (e.g., Series 2002-1) and belong to the benefits same Group as the related Note Series; (c) the amounts payable as interest on and principal of each Collateral Series shall equal the aggregate of the amounts payable on the related Note Series (including amounts payable from any spread account or cash collateral account or other Enhancement) and shall be payable at the times and in the amounts specified in the Indenture Supplement for the related Note Series, (d) all amounts available and applied as credit enhancement with respect to each Note Series shall be deemed to be available and applied as credit enhancement with respect to the related Collateral Series; (e) all amounts payable to the Transferor pursuant to the related Indenture Supplement shall be deemed to be payable to the Transferor pursuant to this Supplement; and (f) the holders of the Notes of each Note Series shall be third party beneficiaries of the Agreement and this Supplement upon payment Supplement.
(d) The Transferor and the Servicer shall each deliver to the Indenture Trustee and the Owner Trustee, at the applicable address specified in the Indenture, a copy of each notice, report, certificate or other document required to be delivered by the Collateral Interest Holder of amounts owing on Transferor or the Closing Date Servicer, as agreed applicable, to the Trustee pursuant to the Agreement or this Supplement.
(e) The expenses payable 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 Servicer pursuant 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 Section 3.02 of the Agreement shall not be applicable to include the Collateral Interestexpenses of servicing the Receivables, and (ii) the provisions of SECTION 3.07 including payment of the Agreement shall reasonable fees and disbursements (including, without limitation, reasonable legal fees and disbursements) of the Indenture Trustee and the Owner Trustee and other reasonable fees which are not apply to cause expressly stated in the Collateral Interest Transaction Documents to be treated as debt for federalpayable by the Issuer, the Transferor or the Securityholders, other than Federal, state and local income and franchise tax purposestaxes, but rather if any, of the Seller intends andIssuer, 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 any Securityholder or 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 1 contract
Sources: Collateral Series Supplement (First Bankcard Master Credit Card Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Fleet Credit Card Master TrustTrust II, Series 20002003-1.A." The Series 2000-1 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the "Class A Floating Rate Asset 2.40% Asset-Backed Certificates, Series 20002003-1A," and the second of which Class shall be known as the "Class B Floating Rate Asset Asset-Backed Certificates, Series 20002003-1.A." 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 Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 20002003-1 (A." The Collateral Interest Holder shall be the "COLLATERAL INTEREST").Series Enhancer for Series 2003-A.
(b) Series 20002003-1 A shall be included in Group One (as defined below)One. Series 20002003-1 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 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 Article VI and ARTICLE Article XII of the Agreement relating to the registrationexecution, 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 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 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.
(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 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 pursuant to the Agreement and this Supplement to be known as the "National City First Bankcard Master Credit Card Trust Collateral Certificate" or the "Collateral Certificate."
(b) The Collateral Certificate will be transferred by the Transferor to First National Master Note Trust (the "Note Trust") pursuant to a Transfer and Servicing Agreement dated as of October 24, 2002 among the Transferor, the Servicer and the Note Trust. The Note Trust will pledge the Collateral Certificate 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 October 24, 2002 between the Note Trust and The Bank of New York, as trustee (the "Indenture Trustee"), and one or more supplements to the Master Indenture (each, an "Indenture Supplement" and, together with the Master Indenture referred to above, as amended from time to time, the "Indenture"). The portion of the Collateral Certificate primarily securing each Note Series 2000-1." The Series 2000-1 Certificates shall be issued in two Classestreated as a separate Series (each, the first of which shall be known as the a "Class A Floating Rate Asset Backed Certificates, Series 2000-1" and the second of which shall be known as the Collateral Series"Class B Floating Rate Asset Backed Certificates, Series 2000-1." 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 in the Trust which shall be deemed to be an "Investor Certificate" for all purposes ) under the Agreement and this Supplement, except as expressly provided herein, and which shall be known as the Collateral Interest, Series 2000-1 (the "COLLATERAL INTEREST").
(b) Series 2000-1 shall be included in Group One (as defined below). Series 2000-1 shall not be subordinated to any other Series.
(c) The Certain of the Principal Terms and other terms pertaining to each Collateral Interest HolderSeries will be defined in the applicable Indenture Supplements (and are hereby incorporated by reference into this Supplement), including whether or not such Collateral Series will be part of a Group. Unless and until the Trust has been terminated as holder permitted by Section 3(b) of an "Investor Certificate" under this Supplement:
(a) the Agreement, Indenture and each Indenture Supplement executed and delivered by the Note Trust shall be entitled a supplement to this Supplement; (b) a new Collateral Series shall be issued upon the issuance of each Note Series and shall have the same designation (e.g., Series 2002-1) and belong to the benefits same Group as the related Note Series; (c) the amounts payable as interest on and principal of each Collateral Series shall equal the aggregate of the amounts payable on the related Note Series (including amounts payable from any spread account or cash collateral account or other Enhancement) and shall be payable at the times and in the amounts specified in the Indenture Supplement for the related Note Series, (d) all amounts available and applied as credit enhancement with respect to each Note Series shall be deemed to be available and applied as credit enhancement with respect to the related Collateral Series; (e) all amounts payable to the Transferor pursuant to the related Indenture Supplement shall be deemed to be payable to the Transferor pursuant to this Supplement; and (f) the holders of the Notes of each Note Series shall be third party beneficiaries of the Agreement and this Supplement upon payment Supplement.
(d) The Transferor and the Servicer shall each deliver to the Indenture Trustee and the Owner Trustee, at the applicable address specified in the Indenture, a copy of each notice, report, certificate or other document required to be delivered by the Collateral Interest Holder of amounts owing on Transferor or the Closing Date Servicer, as agreed applicable, to the Trustee pursuant to the Agreement or this Supplement.
(e) The expenses payable 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 Servicer pursuant 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 Section 3.02 of the Agreement shall not be applicable to include the Collateral Interestexpenses of servicing the Receivables, and (ii) the provisions of SECTION 3.07 including payment of the Agreement shall reasonable fees and disbursements (including, without limitation, reasonable legal fees and disbursements) of the Indenture Trustee and the Owner Trustee and other reasonable fees which are not apply to cause expressly stated in the Collateral Interest Transaction Documents to be treated as debt for federalpayable by the Issuer, the Transferor or the Securityholders, other than Federal, state and local income and franchise tax purposestaxes, but rather if any, of the Seller intends andIssuer, 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 any Securityholder or 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 1 contract
Sources: Collateral Series Supplement (First Bankcard Master Credit Card Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Credit Card Capital One Master Trust, Series 20002001-16." The Series 20002001-1 6 Certificates shall be issued in two Classes, the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 20002001-16" and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 20002001-16." 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 "Investor Certificates" (and the Collateral Interest Holder shall be deemed to be an "Investor Certificate" Certificateholder") for all purposes under the Agreement and this Supplement, except as expressly provided herein, Supplement and which shall be known as the "Collateral Interest, Series 20002001-1 (the 6."COLLATERAL INTEREST").
(b) Series 20002001-1 6 shall be included in Group One (as defined below)and shall be a Principal Sharing Series. Series 20002001-1 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 2001-6 shall be the October 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 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 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 SECTION 6.09(b)(d)(i) and clauses (a) and (c) of the definition of "Tax Opinion 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 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.
(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 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 "National City Credit Card Master Trust, Series 2000-11999-[ ] Certificates." The Series 2000-1 Certificates two classes shall be issued in two Classes, designated the first of which shall be known as the "Class A Floating Rate Asset Backed Certificates, Series 2000-1" 1999-[ ] (the "Class A Certificates") and the second of which shall be known as the "Class B Floating Rate Asset Backed Certificates, Series 2000-1." 1999-[ ] (the "Class B Certificates"). 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 2000-1 1999-[ ] (the "COLLATERAL INTERESTCollateral Interest").
(b) Series 2000-1 1999-[ ] shall be included in Group One (as defined below). Series 2000-1 1999-[ ] 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 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 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 Opinion of SECTION 3.07 Counsel specified in clause (d) of the sixth sentence of Section 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.
(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 1 contract
Sources: Pooling and Servicing Agreement (Chase Credit Card Master Trust)
Designation. (a) There is hereby created a Series of Investor Certificates to be issued pursuant to the Agreement and this Supplement to be known as the "National City Fleet Credit Card Master TrustTrust II, Series 20002002-1.B." The Series 2000-1 of Investor Certificates created hereby shall be issued in two Classes, the . The first of which Class shall be known as the "Class A Floating Rate Asset Asset-Backed Certificates, Series 20002002-1B," and the second of which Class shall be known as the "Class B Floating Rate Asset Asset-Backed Certificates, Series 20002002-1.B." 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 Supplement, except as expressly provided herein, Supplement and shall be in uncertificated form and which shall be known as the "Collateral Interest, Series 20002002-1 (B." The Collateral Interest Holder shall be the "COLLATERAL INTEREST").Series Enhancer for Series 2002-B.
(b) Series 20002002-1 B shall be included in Group One (as defined below)One. Series 20002002-1 B shall be a Principal Sharing Series with respect to Group One only. Series 2002-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 2002-B shall be the December 2002 Distribution Date, and references herein to the Monthly Period relating to the December 2002 Distribution Date shall mean the period from the Closing Date through the end of November 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 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 Article VI and ARTICLE Article XII of the Agreement relating to the registrationexecution, 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 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 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.
(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 1 contract
Sources: Series 2002 B Supplement (Fleet Credit Card Master Trust Ii)