Common use of INVESTMENT GAINS AND LOSSES Clause in Contracts

INVESTMENT GAINS AND LOSSES. Except as otherwise provided herein, all or a portion of the funds deposited into the 1998-B SUBI Accounts and the Lease Funding Account shall be separately invested by the Titling Trustee or the 1998-B Securitization Trustee, as applicable, from time to time at the written direction of the Servicer, in any Permitted Investments. All income, gain or loss from investment of monies in the 1998-B SUBI Lease Funding Account shall be for the account of the Servicer and credited or debited, as the case may be, from such account; provided, that, each such investment shall be made in the name of the Titling Trustee on behalf of the Titling Trust, its nominee or its Financial Intermediary. All income, gain or loss from investment of monies in the Lease Funding Account shall be for the account of the UTI Beneficiary and credited or debited, as the case may be, from such account; provided, that, each such investment shall be made in the name of the Titling Trustee on behalf of the Titling Trust, its nominee or its Financial Intermediary. If at any time the Servicer shall not have given the Titling Trustee a timely written investment directive with respect to the Lease Funding Account or the 1998-B Lease Funding Account, the Titling Trustee shall invest and reinvest any monies in such account(s) in a mutual fund offered by the 1998-B Securitization Trustee or an affiliate of the 1998-B Securitization Trustee, each of which meet the requirements of clause (i) of the definition of Permitted Investments, or of the Trust Agent or another affiliate of the Titling Trustee, each of which meet the requirements of clause (i) of the definition of Permitted Investments. All income gain or loss from investment of monies in the 1998-B SUBI Certificateholders' Account shall be for the account of the Certificateholders and credited or debited, as the case may be, from such account(s) provided that each such investment shall be made in the name of the 1998-B Securitization Trustee on behalf of the 1998-B Securitization Trust, its nominee or its Financial Intermediary. All income gain or loss from investment of monies in the 1998-B SUBI Collection Account shall be for the account of the Servicer and credited and debited, as the case may be, from such account; provided, that, each such investment shall be made in the name of the 1998-B Securitization Trustee on behalf of the 1998-B Securitization Trust, its nominee or Financial Intermediary. If at any time the Servicer shall not have given the 1998-B Securitization Trustee a timely written investment directive with respect to the 1998-B SUBI Certificateholders Account or the 1998-B SUBI Collection Account, the 1998-B Securitization Trustee shall invest and reinvest any monies in such account(s) in a mutual fund offered by the 1998-B Securitization Trustee or an affiliate of the 1998-B Securitization Trustee, each of which meet the requirements of clause (i) of the definition of Permitted Investments. The 1998-B Securitization Trustee shall not be liable for the selection of investments or for investment losses incurred thereon in accordance with the instructions of the Servicer or as otherwise specified in this Section 17.03. The 1998-B Securitization Trustee shall have no liabilities in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Servicer to provide timely written investment direction.

INVESTMENT GAINS AND LOSSES. Except as otherwise provided herein, all or a portion of the funds deposited into the 1998-B C SUBI Accounts and the Lease Funding Account shall be separately invested by the Titling Trustee or the 1998-B C Securitization Trustee, as applicable, from time to time at the written direction of the Servicer, in any Permitted Investments. All income, gain or loss from investment of monies in the 1998-B C SUBI Lease Funding Account shall be for the account of the Servicer and credited or debited, as the case may be, from such account; provided, that, each such investment shall be made in the name of the Titling Trustee on behalf of the Titling Trust, its nominee or its Financial Intermediary. All income, gain or loss from investment of monies in the Lease Funding Account shall be for the account of the UTI Beneficiary and credited or debited, as the case may be, from such account; provided, that, each such investment shall be made in the name of the Titling Trustee on behalf of the Titling Trust, its nominee or its Financial Intermediary. If at any time the Servicer shall not have given the Titling Trustee a timely written investment directive with respect to the Lease Funding Account or the 1998-B C Lease Funding Account, the Titling Trustee shall invest and reinvest any monies in such account(s) in a mutual fund offered by the 1998-B C Securitization Trustee or an affiliate of the 1998-B C Securitization Trustee, each of which meet the requirements of clause (i) of the definition of Permitted Investments, or of the Trust Agent or another affiliate of the Titling Trustee, each of which meet the requirements of clause (i) of the definition of Permitted Investments. All income gain or loss from investment of monies in the 1998-B C SUBI Certificateholders' Account shall be for the account of the Certificateholders and credited or debited, as the case may be, from such account(s) provided that each such investment shall be made in the name of the 1998-B C Securitization Trustee on behalf of the 1998-B C Securitization Trust, its nominee or its Financial Intermediary. All income gain or loss from investment of monies in the 1998-B C SUBI Collection Account shall be for the account of the Servicer and credited and debited, as the case may be, from such account; provided, that, each such investment shall be made in the name of the 1998-B C Securitization Trustee on behalf of the 1998-B C Securitization Trust, its nominee or Financial Intermediary. If at any time the Servicer shall not have given the 1998-B C Securitization Trustee a timely written investment directive with respect to the 1998-B C SUBI Certificateholders Account or the 1998-B C SUBI Collection Account, the 1998-B C Securitization Trustee shall invest and reinvest any monies in such account(s) in a mutual fund offered by the 1998-B C Securitization Trustee or an affiliate of the 1998-B C Securitization Trustee, each of which meet the requirements of clause (i) of the definition of Permitted Investments. The 1998-B C Securitization Trustee shall not be liable for the selection of investments or for investment losses incurred thereon in accordance with the instructions of the Servicer or as otherwise specified in this Section 17.03. The 1998-B C Securitization Trustee shall have no liabilities in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Servicer to provide timely written investment direction.

INVESTMENT GAINS AND LOSSES. Except as otherwise provided herein, all or a portion of the funds deposited into the 19981999-B A SUBI Accounts and the Lease Funding Account shall be separately invested by the Titling Origination Trustee, the 1999-A Owner Trustee or the 19981999-B Securitization A Indenture Trustee, as applicable, from time to time at the written direction of the Servicer, in any Permitted Eligible Investments. All income, gain or loss from investment of monies in the 19981999-B A SUBI Lease Funding Account shall be for the account benefit of the Servicer Origination Trustee on behalf of the Origination Trust and credited or debited, as the case may be, from such account; provided, that, PROVIDED that each such investment shall be made in the name of the Titling Origination Trustee on behalf of the Titling Origination Trust, its nominee or its Financial Intermediary. All income, gain or loss from investment of monies in the Lease Funding 1999-A Note Distribution Account shall be for the account benefit of the UTI Beneficiary Noteholders and credited or debited, as the case may be, from such account; provided, that, PROVIDED that each such investment shall be made in the name of the Titling 1999-A Indenture Trustee on behalf of the Titling Noteholders, their nominee or their Financial Intermediary. All income, gain or loss from investment of monies in the 1999-A Certificate Distribution Account shall be for the benefit of the Certificateholders and credited or debited, as the case may be, from such account; PROVIDED that each such investment shall be made in the name of the 1999-A Owner Trustee on behalf of the 1999-A Securitization Trust, its nominee or its Financial Intermediary. All income, gain or loss from investment of monies in the 1999-A SUBI Collection Account shall be for benefit of the Servicer and credited or debited, as the case may be, from such account; PROVIDED that each such investment shall be made in the name of the Origination Trustee on behalf of the Origination Trust, its nominee or Financial Intermediary. All income, gain or loss from investment of monies in the 1999-A Payahead Account shall be for the benefit of the Origination Trustee on behalf of the Origination Trust and credited or debited, as the case may be, from such account; PROVIDED that each such investment shall be made in the name of the Origination Trustee on behalf of the Origination Trust, its nominee or its Financial Intermediary. All income and gain from investment of monies in the Reserve Fund shall be for the benefit of HTC LP and HTD LP and shall be paid to HTC LP and HTD LP in accordance with the terms of the 1999-A Securitization Trust Agreement, while any loss from investment of monies in the Reserve Fund shall be debited from the Reserve Fund; PROVIDED that each such investment shall be made in the name of the 1999-A Indenture Trustee on behalf of the Noteholders, HTC LP and HTD LP, or in the name of the 1999-A Indenture Trustee's nominee or its Financial Intermediary. If at any time the Servicer shall not have given the Titling Origination Trustee, the 1999-A Indenture Trustee or the 1999-A Owner Trustee, as the case may be, a timely written investment directive with respect to the 1999-A SUBI Lease Funding Account, the 1999-A Note Distribution Account, the 1999-A Certificate Distribution Account, the 1999-A SUBI Collection Account or the 19981999-B Lease Funding A Payahead Account, the Titling Origination Trustee, the 1999-A Indenture Trustee or the 1999-A Owner Trustee, as the case may be, shall invest and reinvest any monies be retained in such account(s(1) in Cash or Cash equivalents or (2) a mutual money market fund offered by the 1998-B Securitization Origination Trustee or an affiliate Affiliate of the 1998-B Securitization Origination Trustee, each the 1999-A Indenture Trustee or an Affiliate of the 1999-A Indenture Trustee or the 1999-A Owner Trustee or an Affiliate of the 1999-A Owner Trustee, in any case which meet money market fund meets the requirements of clause (i) of the definition of Permitted Eligible Investments, or of the Trust Agent or another affiliate of the Titling Trusteewhich investment, each of which meet the requirements of whether under clause (i1) of or clause (2), matures no later than the definition of Permitted InvestmentsBusiness Day immediately preceding the next succeeding Distribution Date. All income gain or loss from investment of monies in Neither the 19981999-B SUBI Certificateholders' Account shall be for A Owner Trustee nor the account of the Certificateholders and credited or debited, as the case may be, from such account(s) provided that each such investment shall be made in the name of the 19981999-B Securitization Trustee on behalf of the 1998-B Securitization Trust, its nominee or its Financial Intermediary. All income gain or loss from investment of monies in the 1998-B SUBI Collection Account shall be for the account of the Servicer and credited and debited, as the case may be, from such account; provided, that, each such investment shall be made in the name of the 1998-B Securitization Trustee on behalf of the 1998-B Securitization Trust, its nominee or Financial Intermediary. If at any time the Servicer shall not have given the 1998-B Securitization Trustee a timely written investment directive with respect to the 1998-B SUBI Certificateholders Account or the 1998-B SUBI Collection Account, the 1998-B Securitization A Indenture Trustee shall invest and reinvest any monies in such account(s) in a mutual fund offered by the 1998-B Securitization Trustee or an affiliate of the 1998-B Securitization Trustee, each of which meet the requirements of clause (i) of the definition of Permitted Investments. The 1998-B Securitization Trustee shall not be liable for the selection of investments or for investment losses incurred thereon in accordance with the instructions of the Servicer or as otherwise specified in this Section 17.0313.05. The 1998Neither the 1999-B Securitization A Owner Trustee nor the 1999-A Indenture Trustee shall have no any liabilities in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Servicer to provide timely written investment directiondirections.

INVESTMENT GAINS AND LOSSES. Except as otherwise provided herein, all All or a portion of the funds deposited into the 19981997-B A SUBI Accounts and the Lease Funding Account shall be separately invested by the Titling Trustee or the 19981997-B A Securitization Trustee, as applicable, from time to time at the written direction of the Servicer, in any Permitted Investments. All income, gain or loss from investment of monies in the 19981997-B A SUBI Certificateholders' Account shall be for the account of the Certificateholders; provided that each such investment shall be made in the name of the 1997-A Securitization Trustee on behalf of the 1997-A Securitization Trust, its nominee or its Financial Intermediary. All income, gain or loss from investment of monies in the 1997-A SUBI Collection Account or 1997-A SUBI Lease Funding Account shall be for the account of the Servicer and credited or debited, as the case may be, from such accountServicer; provided, that, each such investment shall be made in the name of the Titling Trustee on behalf of the Titling TrustTrustee, its nominee or its Financial Intermediary. All income, gain or loss from investment of monies in the Lease Funding Account shall be for the account of the UTI Beneficiary and credited or debited, as the case may be, from such accountBeneficiary; provided, that, each such investment shall be made in the name of the Titling Trustee on behalf of the Titling TrustTrustee, its nominee or its Financial Intermediary. If at any time the Servicer shall not have given the 1997-A Securitization Trustee a timely investment directive with respect to any 1997-A SUBI Account or shall not have given the Titling Trustee a timely written investment directive with respect to the Lease Funding Account or the 1998-B Lease Funding Account, the 1997-A Securitization Trustee or the Titling Trustee Trustee, as appropriate, shall invest and reinvest any monies in such account(s) in a mutual fund offered by the 1998-B Securitization Trustee Trust Agent or an another affiliate of the 1998-B Securitization Trustee, each of which meet Titling Trustee meeting the requirements of clause (i) of the definition of Permitted Investments, or of the Trust Agent or another affiliate of the Titling Trustee, each of which meet the requirements of clause (i) of the definition of Permitted Investments. All income gain or loss from investment of monies in the 1998-B SUBI Certificateholders' Account shall be for the account of the Certificateholders and credited or debited, as the case may be, from such account(s) provided that each such investment shall be made in the name of the 1998-B Securitization Trustee on behalf of the 1998-B Securitization Trust, its nominee or its Financial Intermediary. All income gain or loss from investment of monies in the 1998-B SUBI Collection Account shall be for the account of the Servicer and credited and debited, as the case may be, from such account; provided, that, each such investment shall be made in the name of the 1998-B Securitization Trustee on behalf of the 1998-B Securitization Trust, its nominee or Financial Intermediary. If at any time the Servicer shall not have given the 1998-B Securitization Trustee a timely written investment directive with respect to the 1998-B SUBI Certificateholders Account or the 1998-B SUBI Collection Account, the 1998-B Securitization Trustee shall invest and reinvest any monies in such account(s) in a mutual fund offered by the 1998-B Securitization Trustee or an affiliate of the 1998-B Securitization Trustee, each of which meet the requirements of clause (i) of the definition of Permitted Investments. The 1998-B Securitization Trustee shall not be liable for the selection of investments or for investment losses incurred thereon in accordance with the instructions of the Servicer or as otherwise specified in this Section 17.03. The 1998-B Securitization Trustee shall have no liabilities in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Servicer to provide timely written investment direction.

INVESTMENT GAINS AND LOSSES. Except as otherwise provided herein, all or a portion of the funds deposited into the 19981999-B A SUBI Accounts and the Lease Funding Account shall be separately invested by the Titling Origination Trustee, the 1999-A Owner Trustee or the 19981999-B Securitization A Indenture Trustee, as applicable, from time to time at the written direction of the Servicer, in any Permitted Eligible Investments. All income, gain or loss from investment of monies in the 19981999-B A SUBI Lease Funding Account shall be for the account benefit of the Servicer Origination Trustee on behalf of the Origination Trust and credited or debited, as the case may be, from such account; provided, that, provided that each such investment shall be made in the name of the Titling Origination Trustee on behalf of the Titling Origination Trust, its nominee or its Financial Intermediary. All income, gain or loss from investment of monies in the Lease Funding 1999-A Note Distribution Account shall be for the account benefit of the UTI Beneficiary Noteholders and credited or debited, as the case may be, from such account; provided, that, provided that each such investment shall be made in the name of the Titling 1999-A Indenture Trustee on behalf of the Titling 1999-A Securitization Trust, its nominee or its Financial Intermediary. All income, gain or loss from investment of monies in the 1999-A Certificate Distribution Account shall be for the benefit of the Certificateholders and credited or debited, as the case may be, from such account; provided that each such investment shall be made in the name of the 1999-A Owner Trustee on behalf of the 1999-A Securitization Trust, its nominee or its Financial Intermediary. All income, gain or loss from investment of monies in the 1999-A SUBI Collection Account shall be for benefit of the Servicer and credited or debited, as the case may be, from such account; provided that each such investment shall be made in the name of the Origination Trustee on behalf of the Origination Trust, its nominee or Financial Intermediary. All income, gain or loss from investment of monies in the 1999-A Payahead Account shall be for the benefit of the Origination Trustee on behalf of the Origination Trust and credited or debited, as the case may be, from such account; provided that each such investment shall be made in the name of the Origination Trustee on behalf of the Origination Trust, its nominee or its Financial Intermediary. If at any time the Servicer shall not have given the Titling Origination Trustee, the 1999-A Indenture Trustee or the 1999-A Owner Trustee, as the case may be, a timely written investment directive with respect to the 1999-A SUBI Lease Funding Account, the 1999-A Note Distribution Account, the 1999-A Certificate Distribution Account, the 1999-A SUBI Collection Account or the 19981999-B Lease Funding A Payahead Account, the Titling Origination Trustee, the 1999-A Indenture Trustee or the 1999-A Owner Trustee, as the case may be, shall invest and reinvest any monies in such account(s) in a mutual fund offered by the 1998Origination Trustee or an Affiliate of the Origination Trustee, the 1999-B Securitization A Indenture Trustee or an affiliate of the 19981999-B Securitization A Indenture Trustee or the 1999-A Owner Trustee or an Affiliate of the 1999-A Owner Trustee, each of which meet meets the requirements of clause (i) of the definition of Permitted Investments, or of the Trust Agent or another affiliate of the Titling Trustee, each of which meet the requirements of clause (i) of the definition of Permitted Eligible Investments. All income gain or loss from investment of monies in Neither the 19981999-B SUBI Certificateholders' Account shall be for A Owner Trustee nor the account of the Certificateholders and credited or debited, as the case may be, from such account(s) provided that each such investment shall be made in the name of the 19981999-B Securitization Trustee on behalf of the 1998-B Securitization Trust, its nominee or its Financial Intermediary. All income gain or loss from investment of monies in the 1998-B SUBI Collection Account shall be for the account of the Servicer and credited and debited, as the case may be, from such account; provided, that, each such investment shall be made in the name of the 1998-B Securitization Trustee on behalf of the 1998-B Securitization Trust, its nominee or Financial Intermediary. If at any time the Servicer shall not have given the 1998-B Securitization Trustee a timely written investment directive with respect to the 1998-B SUBI Certificateholders Account or the 1998-B SUBI Collection Account, the 1998-B Securitization A Indenture Trustee shall invest and reinvest any monies in such account(s) in a mutual fund offered by the 1998-B Securitization Trustee or an affiliate of the 1998-B Securitization Trustee, each of which meet the requirements of clause (i) of the definition of Permitted Investments. The 1998-B Securitization Trustee shall not be liable for the selection of investments or for investment losses incurred thereon in accordance with the instructions of the Servicer or as otherwise specified in this Section 17.0313.04. The 1998Neither the 1999-B Securitization A Owner Trustee nor the 1999-A Indenture Trustee shall have no any liabilities in respect of losses incurred as a result of the liquidation of any investment prior to its stated maturity or the failure of the Servicer to provide timely written investment directiondirections.