Holding Collateral Clause Samples
Holding Collateral. The Secured Party shall cause any Custodian appointed hereunder to open and maintain a segregated account and to hold, record and identify all the Posted Collateral in such segregated account and, subject to Paragraph 8(a), such Posted Collateral shall at all times be and remain the property of the Pledgor and shall at no time constitute the property of, or be commingled with the property of, the Secured Party or the Custodian.
Holding Collateral. Notwithstanding the Secured Party’s right to use Posted Collateral pursuant to Paragraphs 6(c) and to exercise its rights and remedies as a secured party pursuant to Paragraph 8(a), the Secured Party and its Custodian shall use appropriate accounting and recordkeeping procedures to segregate on their books and records all Posted Collateral from their respective proprietary assets.
Holding Collateral. Paragraph 6
(a) is hereby amended by adding the following sentence to the end thereof: “The Secured Party shall segregate and separately account on its books and records the Posted Collateral (including for the sake of clarity, any cash proceeds of or distribution on such Posted Collateral) held by it from all other assets it may hold. Segregation may be accomplished by appropriate identification on the books and records of the Secured Party.”
Holding Collateral. Expedia shall not be required to hold the Security Deposit or any letter of credit proceeds in a separate account and may co-mingle them with Expedia’s other funds. Expedia owes no fiduciary obligations to Decolar in respect of the Security Deposit, or such proceeds and Expedia shall not be obliged to pay Decolar any interest in respect thereof. Expedia will hold the Security Deposit and such proceeds as Expedia’s property. In the event that Decolar is found to have any rights in the Security Deposit or such proceeds, Decolar hereby grants Expedia a security interest therein as collateral.
Holding Collateral. The Secured Party shall cause any Custodian appointed hereunder to open and maintain a segregated account which is an Eligible Account (the “Floor Collateral Account”) and to hold, record and identify all the Posted Collateral therein and, subject to Paragraphs 6(c) and 8(a), such Posted Collateral shall at all times be and remain the property of the Pledgor and shall at no time constitute the property of, or be commingled with the property of, the Secured Party or the Custodian. Floor Collateral Account details are as follows: ▇▇▇▇▇ Fargo Bank, NA ABA #▇▇▇▇▇▇▇▇▇ Account Name: SAS Clearing Account #▇▇▇▇▇▇▇▇▇▇ FFC to: DBALT 2007-OA3 Floor Collateral Account # ▇▇▇▇▇▇▇▇.
Holding Collateral. The Secured Party shall cause any Custodian appointed hereunder to open and maintain a segregated account which is an Eligible Account (the “Cap Collateral Account or the Floor Collateral Account”) and to hold, record and identify all the Posted Collateral therein and, subject to Paragraphs 6(c) and 8(a), such Posted Collateral shall at all times be and remain the property of the Pledgor and shall at no time constitute the property of, or be commingled with the property of, the Secured Party or the Custodian. Cap Collateral Account and Floor Collateral Account details are as follows: ▇▇▇▇▇ Fargo Bank, NA ABA #▇▇▇▇▇▇▇▇▇ Account Name: SAS Clearing Account #▇▇▇▇▇▇▇▇▇▇ FFC to: DBALT 2007-OA2 Cap Collateral Account #▇▇▇▇▇▇▇▇; and ▇▇▇▇▇ Fargo Bank, NA ABA #▇▇▇▇▇▇▇▇▇ Account Name: SAS Clearing Account #▇▇▇▇▇▇▇▇▇▇ FFC to: ▇▇▇▇▇ ▇▇▇▇-▇▇▇ ▇▇▇▇▇ Collateral Account #▇▇▇▇▇▇▇▇.
Holding Collateral. The Secured Party shall cause any Custodian appointed hereunder to open and maintain a segregated account and to hold, record and identify all the Posted Collateral in such segregated account and, subject to Paragraphs 6(c) and 8(a), such Posted Collateral shall at all times be and remain the property of the Pledgor and shall at no time constitute the property of, or be commingled with the property of, the Secured Party or the Custodian. CREDIT SUISSE FIRST BOSTON LONG BEACH MORTGAGE LOAN TRUST 2005-WL2 INTERNATIONAL By Deutsche Bank National Trust Company, not in its individual capacity but solely as Trustee on behalf of Long Beach Mortgage Loan Trust 2005-WL2 By:____________________________ By:________________________________ Name: Name: Title: Title: By:____________________________ By:________________________________ Name: Name: Title: Title: Please confirm that the foregoing correctly sets forth the terms of our agreement by executing the copy of this Confirmation enclosed for that purpose and returning it to us. Yours faithfully, Credit Suisse First Boston International By:_____________________________________ Name: Title: Confirmed as of the date first written above: Long Beach Mortgage Loan Trust 2005-WL2 By Deutsche Bank National Trust Company, not in its individual capacity but solely as Trustee on behalf of the Trust By:___________________________________ Name: Title: By:___________________________________ Name: Title: ▇▇▇▇▇▇▇ ▇-▇ FORM OF GROUP II SENIOR CAP AGREEMENT FACSIMILE COVER SHEET To: Long Beach Mortgage Loan Trust 2005-WL2 Attention: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, CSFBi Marketer Fax number: To be hand delivered by ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Date: 30 August 2005 Pages (including cover page): 7 Our Reference No: External ID: 53079417N3 / Risk ID: 447309978 / 993 Credit Suisse First Boston International has entered into a transaction with you as attached. Please find attached a letter agreement (the "Confirmation") which confirms the terms and conditions of the above transaction. If you agree with the terms specified therein, PLEASE ARRANGE FOR THE CONFIRMATION TO BE SIGNED BY YOUR AUTHORISED SIGNATORIES and return a signed copy to this office to the facsimile listed below.
Holding Collateral. The Secured Party shall cause any Custodian appointed hereunder to open and maintain a segregated account and to hold, record and identify all the Posted Collateral in such segregated account and, subject to Paragraph 8(a), such Posted Collateral shall at all times be and remain the property of the Pledgor and shall at no time constitute the property of, or be commingled with the property of, the Secured Party or the Custodian. Agreement as to Single Secured Party and Pledgor. Party A and Party B agree that, notwithstanding anything to the contrary in this Annex, (a) the term "Secured Party" as used in this Annex means only Party B, (b) the term "Pledgor" as used in this Annex means only Party A, (c) only Party A makes the pledge and grant in Paragraph 2, the acknowledgement in the final sentence of Paragraph 8(a) and the representations in Paragraph 9 and (d) Party A shall have no obligations under this Annex other than during a Collateral Requirement Period.
