Common use of Money for Payments To Be Held in Trust; Paying Agent Clause in Contracts

Money for Payments To Be Held in Trust; Paying Agent. As provided in Section 3.01, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Payment Account pursuant to Section 3.05 shall be made on behalf of the Issuer by the Securities Administrator or by the Paying Agent, based on information provided by the Securities Administrator to the Paying Agent and no amounts so withdrawn from the Payment Account for payments of Notes shall be paid over to the Issuer except as provided in this Section 3.03. The Securities Administrator shall calculate the amount to be distributed to each Class and, based on such amounts, the Securities Administrator shall determine the amount to be distributed to each Noteholder. All of the Securities Administrator's calculations of payments shall be based solely on information provided to the Securities Administrator by the Master Servicer pursuant to Section 3.01 of the Sale and Servicing Agreement. Neither the Securities Administrator nor the Indenture Trustee shall be required to confirm, verify or recompute any such information but shall be entitled to rely conclusively on such information. The Issuer hereby appoints the Securities Administrator as its initial Paying Agent. The Issuer will cause each Paying Agent, other than the Securities Administrator, to execute and deliver to the Securities Administrator and the Indenture Trustee an instrument in which such Paying Agent shall agree with the Securities Administrator and the Indenture Trustee (and if the Securities Administrator or the Indenture Trustee acts as Paying Agent it hereby so agrees), subject to the provisions of this Section 3.03, that such Paying Agent will:

Appears in 4 contracts

Samples: Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-2, Mortgage-Backed Notes, Series 2005-2), Trust Agreement (MORTGAGEIT TRUST 2005-3, Mortgage-Backed Notes, Series 2005-3), MortgageIT Trust 2005-5, Mortgage-Backed Notes, Series 2005-5

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Money for Payments To Be Held in Trust; Paying Agent. (a) As provided in Section 3.01, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Payment Account pursuant to Section 3.05 shall be made on behalf of the Issuer by the Securities Administrator Indenture Trustee or by the Paying Agent, based on information provided by the Securities Administrator to the Indenture Trustee or Paying Agent Agent, as applicable, and no amounts so withdrawn from the Payment Account for payments of Notes shall be paid over to the Issuer except as provided in this Section 3.03. The Securities Administrator shall calculate the amount to be distributed to each Class and, based on such amounts, the Securities Administrator shall determine the amount to be distributed to each Noteholder. All of the Securities Administrator's calculations of payments shall be based solely on information provided to the Securities Administrator by the Master Servicer pursuant to Section 3.01 of the Sale and Servicing Agreement. Neither the Securities Administrator nor the Indenture Trustee shall be required to confirm, verify or recompute any such information but shall be entitled to rely conclusively on such information. The Issuer hereby appoints the Securities Administrator Indenture Trustee as its initial Paying Agent. The Issuer will cause each Paying Agent, Agent other than the Securities Administrator, Indenture Trustee to execute and deliver to the Securities Administrator and the Indenture Trustee an instrument in which such Paying Agent shall agree with the Securities Administrator and the Indenture Trustee (and if the Securities Administrator or the Indenture Trustee acts as Paying Agent it hereby so agrees), subject to the provisions of this Section 3.03, that such Paying Agent will:

Appears in 4 contracts

Samples: Indenture (Structured Asset Mortgage Investments II Inc., HomeBanc Mortgage Trust 2004-2), Indenture (Structured Asset Mort Inv Inc Mort Back NTS Ser 2003-1), Indenture (Homebanc Mortgage Trust 2004-1)

Money for Payments To Be Held in Trust; Paying Agent. (a) As provided in Section 3.01, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Payment Account pursuant to Section 3.05 shall be made on behalf of the Issuer by the Securities Administrator or by the Paying Agent, based on information provided by the Securities Administrator to the Paying Agent and no amounts so withdrawn from the Payment Account for payments of Notes shall be paid over to the Issuer except as provided in this Section 3.03. The Securities Administrator shall calculate the amount to be distributed to each Class and, based on such amounts, the Securities Administrator shall determine the amount to be distributed to each Noteholder. All of the Securities Administrator's ’s calculations of payments shall be based solely on information provided to the Securities Administrator by the Master Servicer pursuant to Section 3.01 of the Sale and Servicing Agreement. Neither the Securities Administrator nor the Indenture Trustee shall be required to confirm, verify or recompute any such information but shall be entitled to rely conclusively on such information. The Issuer hereby appoints the Securities Administrator as its initial Paying Agent. The Issuer will shall cause each Paying Agent, other than the Securities Administrator, to execute and deliver to the Securities Administrator and the Indenture Trustee an instrument in which such Paying Agent shall agree with the Securities Administrator and the Indenture Trustee (and if the Securities Administrator or the Indenture Trustee acts as Paying Agent it hereby so agrees), subject to the provisions of this Section 3.03, that such Paying Agent willshall:

Appears in 3 contracts

Samples: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-2), Peoples Choice Home Loan Securities Trust Series 2005-4

Money for Payments To Be Held in Trust; Paying Agent. (a) As provided in Section 3.01, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Payment Account pursuant to Section 3.05 shall be made on behalf of the Issuer by the Securities Administrator or by the Paying Agent, based on information provided by the Securities Administrator to the Paying Agent and no amounts so withdrawn from the Payment Account for payments of Notes shall be paid over to the Issuer except as provided in this Section 3.03. The Securities Administrator shall calculate the amount to be distributed to each Class and, based on such amounts, the Securities Administrator shall determine the amount to be distributed to each Noteholder. All of the Securities Administrator's calculations of payments shall be based solely on information provided to the Securities Administrator by the Master Servicer pursuant to Section 3.01 of the Sale and Servicing Agreement. Neither the Securities Administrator nor the Indenture Trustee shall be required to confirm, verify or recompute any such information but shall be entitled to rely conclusively on such information. The Issuer hereby appoints the Securities Administrator as its initial Paying Agent. The Issuer will cause each Paying Agent, other than the Securities Administrator, to execute and deliver to the Securities Administrator and the Indenture Trustee an instrument in which such Paying Agent shall agree with the Securities Administrator and the Indenture Trustee (and if the Securities Administrator or the Indenture Trustee acts as Paying Agent it hereby so agrees), subject to the provisions of this Section 3.03, that such Paying Agent will:

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Mortgageit Trust 2004-2, Mortgage-Backed Notes, Series 2004-2), MORTGAGEIT TRUST 2005-1, Mortgage-Backed Notes, Series 2005-1

Money for Payments To Be Held in Trust; Paying Agent. (a) As provided in Section 3.01, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Payment Account pursuant to Section 3.05 shall be made on behalf of the Issuer by the Securities Administrator Indenture Trustee or by the Paying Agent, based on information provided by the Securities Administrator to the Indenture Trustee or Paying Agent Agent, as applicable, and no amounts so withdrawn from the Payment Account for payments of Notes shall be paid over to the Issuer except as provided in this Section 3.03. The Securities Administrator shall calculate the amount to be distributed to each Class and, based on such amounts, the Securities Administrator shall determine the amount to be distributed to each Noteholder. All of the Securities Administrator's ’s calculations of payments shall be based solely on information provided to the Securities Administrator by the Master Servicer pursuant to Section 3.01 of the Sale and Servicing Agreement. Neither the Securities Administrator nor the Indenture Trustee shall be required to confirm, verify or recompute any such information but shall be entitled to rely conclusively on such information. The Issuer hereby appoints the Securities Administrator Indenture Trustee as its initial Paying Agent. The Issuer will cause each Paying Agent, Agent other than the Securities Administrator, Indenture Trustee to execute and deliver to the Securities Administrator and the Indenture Trustee an instrument in which such Paying Agent shall agree with the Securities Administrator and the Indenture Trustee (and if the Securities Administrator or the Indenture Trustee acts as Paying Agent it hereby so agrees), subject to the provisions of this Section 3.03, that such Paying Agent will:

Appears in 2 contracts

Samples: Indenture (Homebanc Corp), Indenture (Homebanc Corp)

Money for Payments To Be Held in Trust; Paying Agent. The Issuer hereby appoints the Trustee to act as agent (in such capacity, the “Paying Agent”) for the payment of principal and interest on the Notes and all other amounts payable pursuant to the Sale and Servicing Agreement (including without limitation the Priority of Payments) and this Indenture. As provided in Section 3.013.01 hereof, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Payment Distribution Account pursuant to Section 3.05 shall be made on behalf of the Issuer by the Securities Administrator or by the Paying Agent, based on information provided by the Securities Administrator to the Paying Agent and no amounts so withdrawn from the Payment Distribution Account for payments of Notes shall be paid over to the Issuer except as provided in this Section 3.03. The Securities Administrator shall calculate the amount to be distributed to each Class and, based on such amounts, the Securities Administrator shall determine the amount to be distributed to each Noteholder. All of the Securities Administrator's calculations of payments shall be based solely on information provided to the Securities Administrator by the Master Servicer pursuant to 3.03 and in Section 3.01 of the Sale and Servicing Agreement. Neither the Securities Administrator nor the Indenture Trustee shall be required to confirm, verify or recompute any such information but shall be entitled to rely conclusively on such information3.05 hereof. The Issuer hereby appoints may at any time and from time to time vary or terminate the Securities Administrator appointment of any such agent or appoint any additional agents for any or all of such purposes; provided that no Paying Agent shall be appointed in a jurisdiction that subjects payments on the Notes to withholding tax; provided that unless such agent has short-term debt rated “P-1” by Moody’s or an equivalent rating by Morningstar (if rated by Morningstar) it may not hold funds pursuant to this Indenture overnight. The Issuer shall give prompt written notice to the Trustee, the Rating Agency and the Noteholders of the appointment or termination of any such agent and of the location and any change in the location of any such office or agency. By no later than 12:00 noon (New York, New York time) on the Business Day prior to each Payment Date, and by no later than 12:00 noon (New York, New York time) on any Redemption Date, as its initial applicable, the Paying Agent (provided that sufficient funds therefor are available) shall deposit or cause to be deposited into the Distribution Account from amounts on deposit in the Collection Account an aggregate sum sufficient to pay the amounts then becoming due, such sum to be held in trust for the benefit of the Persons entitled thereto and (unless the Trustee is the Paying Agent) shall promptly notify the Issuer in writing of its action or failure so to act. The Issuer will cause each Paying Agent, party other than the Securities Administrator, Trustee that it appoints as Paying Agent to execute and deliver to the Securities Administrator and the Indenture Trustee an instrument in which such Paying Agent shall agree with the Securities Administrator and the Indenture Trustee (and if the Securities Administrator or the Indenture Trustee acts as Paying Agent Agent, it hereby so agrees), subject to the provisions of this Section 3.03, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (Horizon Technology Finance Corp)

Money for Payments To Be Held in Trust; Paying Agent. The Issuer appoints the Indenture Trustee as Paying Agent for the payment of principal and interest on the Notes. As provided in Section 3.01, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Payment Class A-1 Notes Account pursuant to Section 3.05 3.01 shall be made on behalf of the Issuer by the Securities Administrator or by the Paying Agent, based on information provided by the Securities Administrator to the Paying Agent and no amounts so withdrawn from the Payment Class A-1 Notes Account for payments of Notes shall be paid over to the Issuer except as provided in this Section 3.03. The Securities Administrator shall calculate the amount to be distributed to each Class and, based on such amounts, the Securities Administrator shall determine the amount to be distributed to each Noteholder. All of the Securities Administrator's calculations of payments shall be based solely on information provided to the Securities Administrator by the Master Servicer pursuant to 3.03 and in Section 3.01 of the Sale and Servicing Agreement. Neither the Securities Administrator nor the Indenture Trustee shall be required to confirm, verify or recompute any such information but shall be entitled to rely conclusively on such information8.02. The Issuer hereby appoints may at any time and from time to time vary or terminate the Securities Administrator as its initial appointment of any such agent or appoint any additional paying agents for any or all of such purposes; provided, that, no Paying AgentAgent shall be appointed in a jurisdiction that subjects payments on the Notes to withholding tax. The Issuer shall give prompt written notice to the Indenture Trustee, the Rating Agencies and the Holders of the appointment or termination of any such agent and of the location and any change in the location of any such office or agency. The Issuer will cause each Paying Agent, Agent other than the Securities Administrator, Indenture Trustee to execute and deliver to the Securities Administrator and the Indenture Trustee an instrument in which such Paying Agent shall agree with the Securities Administrator and the Indenture Trustee (and if the Securities Administrator or the Indenture Trustee acts as Paying Agent Agent, it hereby so agrees), subject to the provisions of this Section 3.03, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (Officemax Inc)

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Money for Payments To Be Held in Trust; Paying Agent. (a) As provided in Section 3.01, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Payment Note Distribution Account pursuant to Section 3.05 3.01 shall be made on behalf of the Issuer by the Securities Administrator Indenture Trustee or by the Paying Agent, based on information provided by the Securities Administrator to the Paying Agent and no amounts so withdrawn from the Payment Note Distribution Account for payments of Notes shall be paid over to the Issuer except as provided in this Section 3.03. The Securities Administrator On or before the Business Day preceding each Payment Date and Redemption Date, the Issuer shall calculate the amount deposit or cause to be distributed deposited into the Note Distribution Account an aggregate sum sufficient to each Class andpay the amounts then becoming due under the Notes, based on such amounts, the Securities Administrator shall determine the amount sum to be distributed to each Noteholder. All held in trust for the benefit of the Securities Administrator's calculations of payments Persons entitled thereto, and (unless the Paying Agent is the Indenture Trustee) shall be based solely on information provided to the Securities Administrator by the Master Servicer pursuant to Section 3.01 of the Sale and Servicing Agreement. Neither the Securities Administrator nor promptly notify the Indenture Trustee shall be required in writing of its action or failure so to confirm, verify or recompute any such information but shall be entitled to rely conclusively on such information. The Issuer hereby appoints the Securities Administrator as its initial Paying Agentact. The Issuer will cause each Paying Agent, Agent other than the Securities Administrator, Indenture Trustee to execute and deliver to the Securities Administrator and the Indenture Trustee an instrument in which such Paying Agent shall agree with the Securities Administrator and the Indenture Trustee (and if the Securities Administrator or the Indenture Trustee acts as Paying Agent it hereby so agrees), subject to the provisions of this Section 3.03, that such Paying Agent will:

Appears in 1 contract

Samples: Default And (Superior Bank FSB)

Money for Payments To Be Held in Trust; Paying Agent. The Issuer appoints the Indenture Trustee as Paying Agent for the payment of principal and interest on the Notes. As provided in Section 3.018.02, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Payment Account pursuant to Section 3.05 shall be made on behalf of the Issuer by the Securities Administrator or by the Indenture Trustee as Paying Agent, based on information provided by the Securities Administrator to the Paying Agent and no amounts so withdrawn from the Payment Account for payments of Notes shall be paid over to the Issuer except as provided in this Section 3.03. The Securities Administrator shall calculate the amount to be distributed to each Class and, based on such amounts, the Securities Administrator shall determine the amount to be distributed to each Noteholder. All of the Securities Administrator's calculations of payments shall be based solely on information provided to the Securities Administrator by the Master Servicer pursuant to Section 3.01 of the Sale and Servicing Agreement. Neither the Securities Administrator nor the Indenture Trustee shall be required to confirm, verify or recompute any such information but shall be entitled to rely conclusively on such information. The Issuer hereby appoints may at any time and from time to time vary or terminate the Securities Administrator as its initial appointment of any such agent or appoint any additional paying agents for any or all of such purposes; provided, that, no Paying AgentAgent shall be appointed in a jurisdiction that subjects payments on the Notes to withholding tax. The Issuer shall give prompt written notice to the Indenture Trustee, the Rating Agency and the Holders of the appointment or termination of any such agent and of the location and any change in the location of any such office or agency. The Issuer will cause each Paying Agent, Agent other than the Securities Administrator, Indenture Trustee to execute and deliver to the Securities Administrator and the Indenture Trustee an instrument in which such Paying Agent shall agree with the Securities Administrator and the Indenture Trustee (and if the Securities Administrator or the Indenture Trustee acts as Paying Agent Agent, it hereby so agrees), subject to the provisions of this Section 3.03, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (St Joe Co)

Money for Payments To Be Held in Trust; Paying Agent. The Issuer appoints the Indenture Trustee as Paying Agent for the payment of principal and interest on the Notes. As provided in Section 3.01, all payments of amounts due and payable with respect to any Notes that are to be made from amounts withdrawn from the Payment Class A-2 Notes Account pursuant to Section 3.05 3.01 shall be made on behalf of the Issuer by the Securities Administrator or by the Paying Agent, based on information provided by the Securities Administrator to the Paying Agent and no amounts so withdrawn from the Payment Class A-2 Notes Account for payments of Notes shall be paid over to the Issuer except as provided in this Section 3.03. The Securities Administrator shall calculate the amount to be distributed to each Class and, based on such amounts, the Securities Administrator shall determine the amount to be distributed to each Noteholder. All of the Securities Administrator's calculations of payments shall be based solely on information provided to the Securities Administrator by the Master Servicer pursuant to 3.03 and in Section 3.01 of the Sale and Servicing Agreement. Neither the Securities Administrator nor the Indenture Trustee shall be required to confirm, verify or recompute any such information but shall be entitled to rely conclusively on such information8.02. The Issuer hereby appoints may at any time and from time to time vary or terminate the Securities Administrator as its initial appointment of any such agent or appoint any additional paying agents for any or all of such purposes; provided, that, no Paying AgentAgent shall be appointed in a jurisdiction that subjects payments on the Notes to withholding tax. The Issuer shall give prompt written notice to the Indenture Trustee, the Rating Agencies and the Holders of the appointment or termination of any such agent and of the location and any change in the location of any such office or agency. The Issuer will cause each Paying Agent, Agent other than the Securities Administrator, Indenture Trustee to execute and deliver to the Securities Administrator and the Indenture Trustee an instrument in which such Paying Agent shall agree with the Securities Administrator and the Indenture Trustee (and if the Securities Administrator or the Indenture Trustee acts as Paying Agent Agent, it hereby so agrees), subject to the provisions of this Section 3.03, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (Officemax Inc)

Money for Payments To Be Held in Trust; Paying Agent. As provided in Section 3.01, all payments of amounts due and payable with respect to any Notes or Xxxxxx that are to be made from amounts withdrawn from the Payment Note Distribution Account pursuant to Section 3.05 3.01 shall be made on behalf of the Issuer by the Securities Administrator Indenture Trustee or by the another Paying Agent, based on information provided by the Securities Administrator to the Paying Agent and no amounts so withdrawn from the Payment Note Distribution Account for payments of Notes or any Xxxxxx shall be paid over to the Issuer except as provided in this Section 3.03. The Securities Administrator On or before the Business Day immediately preceding each Remittance Date, the Issuer shall calculate the amount deposit or cause to be distributed deposited in the Note Distribution Account an aggregate sum sufficient to each Class andpay the amounts then becoming due, based on such amounts, the Securities Administrator shall determine the amount sum to be distributed to each Noteholder. All held in trust for the benefit of the Securities Administrator's calculations of payments Persons entitled thereto and (unless the Paying Agent is the Indenture Trustee) shall be based solely on information provided to the Securities Administrator by the Master Servicer pursuant to Section 3.01 of the Sale and Servicing Agreement. Neither the Securities Administrator nor promptly notify the Indenture Trustee shall be required in writing of its action or failure so to confirm, verify or recompute any such information but shall be entitled to rely conclusively on such information. The Issuer hereby appoints the Securities Administrator as its initial Paying Agentact. The Issuer will cause each Paying Agent, Agent other than the Securities Administrator, Indenture Trustee to execute and deliver to the Securities Administrator and the Indenture Trustee an instrument in which such Paying Agent shall agree with the Securities Administrator and the Indenture Trustee (and if the Securities Administrator or the Indenture Trustee acts as Paying Agent Agent, it hereby so agrees), subject to the provisions of this Section 3.03, that such Paying Agent will:

Appears in 1 contract

Samples: Indenture (Capitalsource Inc)

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