Common use of Establishment of Accounts Clause in Contracts

Establishment of Accounts. (a) On or prior to the Distribution Date on which the Notes of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture), the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection account (the “Trust Collection Account”). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein). Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit Account, the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account and shall transfer any cash and/or any investments to such new account.

Appears in 20 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2008-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2009-1 Owner Trust), Trust Agreement (Nissan Auto Receivables Corp Ii)

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Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner TrusteePaying Agent, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement)Issuer, the trust collection certificate distribution account (the “Trust Collection Certificate Distribution Account”). The Trust Collection Certificate Distribution Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), that the funds deposited therein are held by the Trust Issuer under the sole dominion and control of the Paying Agent for the benefit of the Certificateholders. No checks shall be issued, in each case in accordance printed, or honored with Section 5.01 of respect to the Sale and Servicing AgreementCertificate Distribution Account. Subject to Section 5.01(b), the Owner Trustee Paying Agent shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Certificate Distribution Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee Paying Agent for the benefit of the Certificateholders. If, at any time, the Trust Collection Certificate Distribution Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee Paying Agent in writing that the Certificate Distribution Account should be moved, then the Paying Agent (or the Administrator on behalf of the Owner TrusteePaying Agent, if the Trust Collection Certificate Distribution Account is not then held by the Owner Trustee Paying Agent or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 18 contracts

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii), Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Trust Agreement (NISSAN AUTO RECEIVABLES Co II LLC)

Establishment of Accounts. (a) On or prior to the Distribution Date on which the Notes of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture), the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection account (the "Trust Collection Account"). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein). Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit Account, the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account and shall transfer any cash and/or any investments to such new account.

Appears in 12 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2001-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2002 B Owner Trust), Trust Agreement (Nissan Auto Receivables 2002 C Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection account (the “Trust Collection Account”). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee in writing that the Trust Collection Account should be moved, then the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 8 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2014-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2014-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2013-B Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner TrusteePaying Agent, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection account (the “Trust Collection Account”). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. Subject to Section 5.01(b), the Owner Trustee Paying Agent shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee Paying Agent for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee Paying Agent in writing that the Trust Collection Account should be moved, then the Paying Agent (or the Administrator on behalf of the Owner TrusteePaying Agent, if the Trust Collection Account is not then held by the Owner Trustee Paying Agent or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 6 contracts

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii), Trust Agreement (Nissan Auto Receivables 2015-C Owner Trust), Trust Agreement (Nissan Auto Receivables Corp Ii)

Establishment of Accounts. (a) On or prior to the Distribution Date on which the Notes of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture), the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection (Nissan 2012-A Amended & Restated Trust Agreement) account (the “Trust Collection Account”). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee in writing that the Trust Collection Account should be moved, then the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2012-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2012-a Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner TrusteePaying Agent, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement)Issuer, the trust collection certificate distribution account (the “Trust Collection Certificate Distribution Account”). The Trust Collection Certificate Distribution Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), that the funds deposited therein are held by the Trust Issuer under the sole dominion and control of the Paying Agent for the benefit of the Certificateholders. No checks shall be issued, in each case in accordance printed, or honored with Section 5.01 of respect to the Sale and Servicing AgreementCertificate Distribution Account. Subject to Section 5.01(b), the Owner Trustee Paying Agent shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Certificate Distribution Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee Paying Agent for the benefit of the (NAROT 2018-A Amended & Restated Trust Agreement) Certificateholders. If, at any time, the Trust Collection Certificate Distribution Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee Paying Agent in writing that the Certificate Distribution Account should be moved, then the Paying Agent (or the Administrator on behalf of the Owner TrusteePaying Agent, if the Trust Collection Certificate Distribution Account is not then held by the Owner Trustee Paying Agent or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2018-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2018-a Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner TrusteePaying Agent, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement)Issuer, the trust collection certificate distribution account (the “Trust Collection Certificate Distribution Account”). The Trust Collection Certificate Distribution Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), that the funds deposited therein are held by the Trust Issuer under the sole dominion and control of the Paying Agent for the benefit of the Certificateholders. No checks shall be issued, in each case in accordance printed, or honored with Section 5.01 of respect to the Sale and Servicing Certificate Distribution Account. 13 (Nissan 2016-B Amended & Restated Trust Agreement. ) Subject to Section 5.01(b), the Owner Trustee Paying Agent shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Certificate Distribution Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee Paying Agent for the benefit of the Certificateholders. If, at any time, the Trust Collection Certificate Distribution Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee Paying Agent in writing that the Certificate Distribution Account should be moved, then the Paying Agent (or the Administrator on behalf of the Owner TrusteePaying Agent, if the Trust Collection Certificate Distribution Account is not then held by the Owner Trustee Paying Agent or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2016-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2016-B Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner TrusteePaying Agent, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement)Issuer, the trust collection certificate distribution account (the “Trust Collection Certificate Distribution Account”). The Trust Collection Certificate Distribution Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), that the funds deposited therein are held by the Trust Issuer under the sole dominion and control of the Paying Agent for the benefit of the Certificateholders. No checks shall be issued, in each case in accordance printed, or honored with Section 5.01 of respect to the Sale and Servicing AgreementCertificate Distribution Account. Subject to Section 5.01(b), the Owner Trustee Paying Agent shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Certificate Distribution Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee Paying Agent for the benefit of the 14 (Nissan 2017-B Amended & Restated Trust Agreement) Certificateholders. If, at any time, the Trust Collection Certificate Distribution Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee Paying Agent in writing that the Certificate Distribution Account should be moved, then the Paying Agent (or the Administrator on behalf of the Owner TrusteePaying Agent, if the Trust Collection Certificate Distribution Account is not then held by the Owner Trustee Paying Agent or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2017-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2017-B Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner TrusteePaying Agent, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement)Issuer, the trust collection certificate distribution account (the “Trust Collection Certificate Distribution Account”). The Trust Collection Certificate Distribution Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), that the funds deposited therein are held by the Trust Issuer under the sole dominion and control of the Paying Agent for the benefit of the Certificateholders. No checks shall be issued, in each case in accordance printed, or honored with Section 5.01 of respect to the Sale and Servicing AgreementCertificate Distribution Account. Subject to Section 5.01(b), the Owner Trustee Paying Agent shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Certificate Distribution Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee Paying Agent for the benefit of the Certificateholders. If, at any time, the Trust Collection Certificate Distribution Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee Paying Agent in writing that the Certificate Distribution Account should be moved, then the Paying Agent (or the Administrator on behalf of the Owner TrusteePaying Agent, if the Trust Collection Certificate Distribution Account is not then held by the Owner Trustee Paying Agent or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.. 15 (NAROT 2019-C Amended & Restated Trust Agreement)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2019-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2019-C Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner TrusteePaying Agent, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement)Issuer, the trust collection certificate distribution account (the “Trust Collection Certificate Distribution Account”). The Trust Collection Certificate Distribution Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), that the funds deposited therein are held by the Trust Issuer under the sole dominion and control of the Paying Agent for the benefit of the Certificateholders. No checks shall be issued, in each case in accordance printed, or honored with Section 5.01 of respect to the Sale and Servicing AgreementCertificate Distribution Account. Subject to Section 5.01(b), the Owner Trustee Paying Agent shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Certificate Distribution Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee Paying Agent for the benefit of the Certificateholders. If, at any time, the Trust Collection Certificate Distribution Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee Paying Agent in writing that the Certificate Distribution Account should be moved, then the Paying Agent (or the Administrator on behalf of the Owner TrusteePaying Agent, if the Trust Collection Certificate Distribution Account is not then held by the Owner Trustee Paying Agent or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.. 14 (Nissan 2017-A Amended & Restated Trust Agreement)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2017-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2017-a Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner TrusteePaying Agent, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement)Issuer, the trust collection certificate distribution account (the “Trust Collection Certificate Distribution Account”). The Trust Collection Certificate Distribution Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), that the funds deposited therein are held by the Trust Issuer under the sole dominion and control of the Paying Agent for the benefit of the Certificateholders. No checks shall be issued, in each case in accordance printed, or honored with Section 5.01 of respect to the Sale and Servicing Certificate Distribution Account. 13 (Nissan 2016-C Amended & Restated Trust Agreement. ) Subject to Section 5.01(b), the Owner Trustee Paying Agent shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Certificate Distribution Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee Paying Agent for the benefit of the Certificateholders. If, at any time, the Trust Collection Certificate Distribution Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee Paying Agent in writing that the Certificate Distribution Account should be moved, then the Paying Agent (or the Administrator on behalf of the Owner TrusteePaying Agent, if the Trust Collection Certificate Distribution Account is not then held by the Owner Trustee Paying Agent or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2016-C Owner Trust), Trust Agreement (Nissan Auto Receivables 2016-C Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which the Notes of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture), the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection account (the “Trust Collection Account”). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein). Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee in writing that the Trust Collection Account should be moved, then the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2011-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2011-B Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which the Notes of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture), the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection account (the “Trust Collection Account”). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof 10 (other than any net investment earnings on Eligible Investments held therein)Nissan 2013-A Amended & Restated Trust Agreement) Table of Contents thereof. Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee in writing that the Trust Collection Account should be moved, then the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2013-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2013-a Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner TrusteePaying Agent, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement)Issuer, the trust collection certificate distribution account (the “Trust Collection Certificate Distribution Account”). The Trust Collection Certificate Distribution Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), that the funds deposited therein are held by the Trust Issuer under the sole dominion and control of the Paying Agent for the benefit of the Certificateholders. No checks shall be issued, in each case in accordance printed, or honored with Section 5.01 of respect to the Sale and Servicing AgreementCertificate Distribution Account. Subject to Section 5.01(b), the Owner Trustee Paying Agent shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Certificate Distribution Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee Paying Agent for the benefit of the Certificateholders. If, at any time, the Trust Collection Certificate Distribution Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee Paying Agent in writing that the Certificate Distribution Account should be moved, then the Paying Agent (or the Administrator on behalf of the Owner TrusteePaying Agent, if the Trust Collection Certificate Distribution Account is not then held by the Owner Trustee Paying Agent or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.. 15 (NAROT 2019-B Amended & Restated Trust Agreement)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2019-B Owner Trust), Trust Agreement (Nissan Auto Receivables 2019-B Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner TrusteePaying Agent, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement)Issuer, the trust collection certificate distribution account (the “Trust Collection Certificate Distribution Account”). The Trust Collection Certificate Distribution Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), that the funds deposited therein are held by the Trust Issuer under the sole dominion and control of the Paying Agent for the benefit of the Certificateholders. No checks shall be issued, in each case in accordance printed, or honored with Section 5.01 of respect to the Sale and Servicing Certificate Distribution Account. (NAROT 2018-B Amended & Restated Trust Agreement. ) Subject to Section 5.01(b), the Owner Trustee Paying Agent shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Certificate Distribution Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee Paying Agent for the benefit of the Certificateholders. If, at any time, the Trust Collection Certificate Distribution Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee Paying Agent in writing that the Certificate Distribution Account should be moved, then the Paying Agent (or the Administrator on behalf of the Owner TrusteePaying Agent, if the Trust Collection Certificate Distribution Account is not then held by the Owner Trustee Paying Agent or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii), Trust Agreement (Nissan Auto Receivables Corp Ii)

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Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner TrusteePaying Agent, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement)Issuer, the trust collection certificate distribution account (the “Trust Collection Certificate Distribution Account”). The Trust Collection Certificate Distribution Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), that the funds deposited therein are held by the Trust Issuer under the sole dominion and control of the Paying Agent for the benefit of the Certificateholders. No checks shall be issued, in each case in accordance printed, or honored with Section 5.01 of respect to the Sale and Servicing AgreementCertificate Distribution Account. Subject to Section 5.01(b), the Owner Trustee Paying Agent shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Certificate Distribution Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee Paying Agent for the benefit of the Certificateholders. If, at any time, the Trust Collection Certificate Distribution Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee Paying Agent in writing that the Certificate Distribution Account should be moved, then the Paying Agent (or the Administrator on behalf of the Owner TrusteePaying Agent, if the Trust Collection Certificate Distribution Account is not then held by the Owner Trustee Paying Agent or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.. 15 (NAROT 2019-A Amended & Restated Trust Agreement)

Appears in 2 contracts

Samples: Trust Agreement (Nissan Auto Receivables 2019-a Owner Trust), Trust Agreement (Nissan Auto Receivables 2019-a Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which the Notes of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture), the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection account (the “Trust Collection Account”). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee in writing that the Trust Collection Account should be moved, then the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii)

Establishment of Accounts. (a) On or prior to before the Distribution Date on which Effective Date, the Notes of all Classes have been paid in full Indenture Trustee (or substantially all as assignee of the Trust Estate is otherwise released from Secured Party's rights hereunder) shall establish in the lien name of the Indenture), the Owner Indenture Trustee, for the benefit of the Certificateholders, shall establish Noteholders and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be Entitled Parties specified in the Sale and Servicing Agreement)Indenture, each of the Head Lessee Collection Account, the trust collection account Collateral Account and the Rent Reserve Account (all of the “Trust Collection Account”foregoing collectively, the "Lease Accounts"). The Trust Collection Account Each of the Lease Accounts shall be established and maintained as (i) an Eligible Deposit Account, and(ii) in the name of the Indenture Trustee, and (iii) subject to a Control Agreement substantially in the form of Exhibit C to the Indenture. Neither Grantor nor Secured Party shall establish any additional Lease Accounts without the prior written consent of the Indenture Trustee and the Series Enhancer. Subject to the further provisions of this Section 7.1, the Indenture Trustee shall upon receipt in immediately available funds, deposit into such Lease Accounts all amounts received by it which are required to be deposited therein in accordance with the provisions of this Agreement and the Indenture. All such amounts and all investments made with such amounts, including all income and other gain from such investments, shall be held by the Indenture Trustee in such Lease Accounts as part of the Head Lessee Collateral as herein provided, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held withdrawal by the Trust Indenture Trustee in accordance with, and for the benefit of purposes specified in this Agreement and the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein). Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit Account, the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account and shall transfer any cash and/or any investments to such new accountIndenture.

Appears in 1 contract

Samples: Head Lessee Security Agreement (Universal Compression Inc)

Establishment of Accounts. (a) On or prior to the Distribution Date on which the Notes of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture), the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection account (the "Trust Collection Account"). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. (Nissan 2003-A Amended & Restated Trust Agreement) Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein). Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit Account, the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account and shall transfer any cash and/or any investments to such new account.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables 2003-a Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which the Notes of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture), the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection account (the "Trust Collection Account"). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. (Nissan 2004-B Amended & Restated Trust Agreement) Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein). Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit Account, the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account and shall transfer any cash and/or any investments to such new account.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables 2004-B Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which the Notes of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture), the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection account (the "Trust Collection Account"). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. (Nissan 2003-B Amended & Restated Trust Agreement) Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein). Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit Account, the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account and shall transfer any cash and/or any investments to such new account.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables 2003-B Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which the Notes of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture), the The Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, maintain in the name of the Trust Issuer (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection account ) an Eligible Account (the “Trust Collection "Certificate Distribution Account"). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), that the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. Subject to Section 5.01(b), the The Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Certificate Distribution Account and in all the proceeds thereof (other than any net investment earnings on Eligible Investments held therein). Except as otherwise expressly provided herein, the Trust Collection Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Certificate Distribution Account ceases to be an Eligible Deposit Account, the Owner Trustee (or the Administrator Depositor on behalf of the Owner Trustee, if the Trust Collection Certificate Distribution Account is not then held by the Owner Trustee or an affiliate Affiliate thereof) shall within 10 ten Business Days (or such longer period, not to exceed 30 calendar days, as to which each Rating Agency may consent) establish a new equivalent Certificate Distribution Account that is also an Eligible Deposit Account and shall transfer any cash and/or any investments to such new accountCertificate Distribution Account. Monies on deposit in the Certificate Distribution Account may be invested in Eligible Investments upon the terms set forth in Section 4.01 of the Sale and Servicing Agreement, as if the Certificate Distribution Account were an "Account".

Appears in 1 contract

Samples: Trust Agreement (American Honda Receivables Corp)

Establishment of Accounts. (a) On or prior to the Distribution Date on which the Notes of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture), the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection account (the "Trust Collection Account"). The Trust Collection Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. (Nissan 2005-A Amended & Restated Trust Agreement) Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein). Except as otherwise expressly provided herein, the Trust Collection Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Account ceases to be an Eligible Deposit Account, the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account and shall transfer any cash and/or any investments to such new account.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables 2005-a Owner Trust)

Establishment of Accounts. (a) On or prior to the Distribution Date on which any Certificates are then held by anyone other than the Notes Administrator or one of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture)its Affiliates, the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or shall cause to be established and maintained, in the name of the Trust Issuer (or in such other name as shall be specified in the Sale and Servicing Agreement), the trust collection certificate distribution account (the “Trust Collection Certificate Distribution Account”). The Trust Collection Certificate Distribution Account shall be established and maintained as an Eligible Deposit Account, and, subject to provisions of the Sale and Servicing Agreement, bearing a designation clearly indicating that, subject to Section 5.01(b), the funds deposited therein are held by the Trust Issuer for the benefit of the Certificateholders, in each case in accordance with Section 5.01 of the Sale and Servicing Agreement. No checks shall be issued, printed, or honored with respect to the Certificate Distribution Account. Subject to Section 5.01(b), the Owner Trustee shall possess all right, title and interest in all funds on deposit from time to time in the Trust Collection Certificate Distribution Account and in all proceeds thereof (other than any net investment earnings on Eligible Investments held therein)thereof. Except as otherwise expressly provided herein, the Trust Collection Certificate Distribution Account shall be under the sole dominion and control of the Owner Trustee for the benefit of the Certificateholders. If, at any time, the Trust Collection Certificate Distribution Account ceases to be an Eligible Deposit AccountAccount or if the majority of Certificateholders, in their sole discretion, notify the Owner Trustee in writing that the Certificate Distribution Account should be moved, then the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Certificate Distribution Account is not then held by the Owner Trustee or an affiliate Affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account at a depository institution or trust company selected by a majority of the Certificateholders and shall transfer any cash and/or any investments to such new account.

Appears in 1 contract

Samples: Trust Agreement (Nissan Auto Receivables Corp Ii)

Establishment of Accounts. (a) On or prior to the Distribution Date on which the Notes of all Classes have been paid in full (or substantially all of the Trust Estate is otherwise released from the lien of the Indenture), the Owner Trustee, for the benefit of the Certificateholders, shall establish and maintain, or The Borrower shall cause to be established on or before the date of the initial Borrowing each of the Project Costs Account, the Operating Account, the Debt Service Reserve Account and maintainedthe Loss Proceeds Account, in each case in the name of the Trust (or in such Borrower. Unless and until an Event of Default shall have occurred and be continuing, and subject to the terms and conditions of this Agreement and the other name as shall be specified in the Sale and Servicing Agreement)Loan Documents, the trust collection account (Borrower shall have check-writing privileges over the “Trust Collection Project Costs Account”), the Operating Account and the Loss Proceeds Account. The Trust Collection Each Account shall be established and maintained as an Eligible Deposit Account, and, subject a segregated trust or custody account dedicated solely to provisions the purposes contemplated by this Agreement. In accordance with the terms of the Sale and Servicing Borrower's Security Agreement, bearing a designation clearly indicating thatthe Borrower shall, subject on the Effective Date, pledge, assign and transfer to Section 5.01(b), the funds deposited therein are held by the Trust Administrative Agent for the equal and ratable benefit of the CertificateholdersSecured Parties a Lien on and security interest in, in each case in accordance with Section 5.01 all of the Sale and Servicing Agreement. Subject to Section 5.01(b), the Owner Trustee shall possess all Borrower's right, title and interest in, to and under the Accounts, any Permitted Investments (or any other property) held in all funds on deposit from time or credited to time in the Trust Collection Account Accounts and in all the proceeds thereof of any such Permitted Investments (or such other than any net investment earnings on Eligible Investments held thereinproperty). Except as otherwise expressly provided hereinin this Agreement, the Trust Collection Account all Accounts shall be under the sole dominion and control of the Owner Trustee for Administrative Agent. The Borrower hereby irrevocably confirms the benefit authority of the Certificateholders. IfAdministrative Agent to (and directs and authorizes the Administrative Agent to) deposit into and remit funds from such Accounts in accordance with the terms and conditions of this Agreement and, at any timefollowing their execution and delivery, the Trust Collection Account ceases to be an Eligible Deposit Account, the Owner Trustee (or the Administrator on behalf of the Owner Trustee, if the Trust Collection Account is not then held by the Owner Trustee or an affiliate thereof) shall within 10 Business Days establish a new equivalent Eligible Deposit Account and shall transfer any cash and/or any investments to such new accountSecurity Documents.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Kaiser Francis Oil Co)

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