Wachovia Bank Sample Clauses

Wachovia Bank. National Association is hereby appointed as initial Paying Agent to make distributions to Certificateholders and to make available to Certificateholders the Distribution Date Statements and the annual statements required by Section 4.04. The Master Servicer may, at any time, remove or replace the Paying Agent. The Master Servicer shall pay, from its own funds, the reasonable compensation of any Paying Agent other than Wachovia Bank, National Association. The Trustee shall cause any Paying Agent that is not Wachovia Bank, National Association to execute and deliver to the Trustee an instrument in which such Paying Agent agrees with the Trustee that such Paying Agent shall:
Wachovia Bank. National Association, in its capacity as an issuer of Letters of Credit under Section 3.02, and its successor or successors in such capacity and (ii) each Lender listed in Schedule 3.01 hereto as the issuer of an Existing Letter of Credit.
Wachovia Bank. National Association hereby acknowledges that all original documents previously released on the above captioned mortgage loan have been returned and received by the Purchaser. Dated:__________________________________ By:________________________________ Signature ___________________________________ ___________________________________ Title EXHIBIT H [FORM OF BACK-UP CERTIFICATION] [Name and address of master servicer/trustee/depositor receiving the certification] Re: [name of securitization] Chase Home Finance LLC, as [servicer] hereby certifies to the [master servicer] that:
Wachovia Bank. National Association, a national banking association, individually as a Lender and as the administrative agent for the Lenders (in such latter capacity together with any other Person that becomes Administrative Agent pursuant to Section 8.08, the "Administrative Agent");
Wachovia Bank. (as Master Servicer hereunder and as Securities Intermediary under the Control Agreement) shall establish, on or before the Closing Date, and maintain an Eligible Deposit Account in the name of the Indenture Trustee at an Eligible Institution (which shall initially be Wachovia Bank) for the benefit of (i) the Securityholders, the Master Servicer and the Trustees, designated as the "Wachovia Auto Owner Trust 200__-__ Collection Account, U.S. Bank National Association, Indenture Trustee" (the "Collection Account"), (ii) the Noteholders, the Master Servicer and the Trustees, designated as the "Wachovia Auto Owner Trust 200__-__ Note Payment Account, U.S. Bank National Association, Indenture Trustee" (the "Note Payment Account"), (iii) the Securityholders, designated as the "Wachovia Auto Owner Trust 200__-__ Yield Supplement Account, U.S. Bank National Association, Indenture Trustee" (the "Yield Supplement Account"), (iv) the Securityholders, designated as the "Wachovia Auto Owner Trust 200__-__ Pre-Funding Account, U.S. Bank National Association, Indenture Trustee" (the "Pre-Funding Account") and (v) the Securityholders, designated as the "Wachovia Auto Owner Trust 200__-__ Negative Carry Account, U.S. Bank National Association, Indenture Trustee" (the "Negative Carry Account"), in each case bearing a designation clearly indicating that the funds deposited therein are held in trust for the benefit of the related Persons. On the Closing Date, the Depositor shall deposit the Yield Supplement Account Initial Deposit into the Yield Supplement Account, the Pre-Funding Account Initial Deposit into the Pre-Funding Account and the Maximum Negative Carry Amount into the Negative Carry Account from the net proceeds of the sale of the Notes. On each Subsequent Transfer Date, as a condition precedent to the acquisition of any Subsequent Receivables on such Subsequent Transfer Date, the Depositor shall deposit the Yield Supplement Account Subsequent Deposit, if any, into the Yield Supplement Account. The Collection Account, the Note Payment Account, the Yield Supplement Account, the Pre-Funding Account and the Negative Carry Account shall be under the sole dominion and control of the Indenture Trustee; provided, however, that the Master Servicer may direct the Indenture Trustee in writing to make deposits to and withdrawals from such Accounts in accordance with this Agreement and the other Basic Documents. All monies deposited from time to time in the Collection Account,...
Wachovia Bank. National Association is hereby appointed by each of the Lenders as its contractual representative (herein referred to as the “Administrative Agent”) hereunder and under each other Loan Document, and each of the Lenders (for purposes of this Article, references to Lenders shall also mean each LC Issuer and the Swingline Lender) irrevocably authorizes the Administrative Agent to act as the contractual representative of such Lender with the rights and duties expressly set forth herein and in the other Loan Documents. The Administrative Agent agrees to act as such contractual representative upon the express conditions contained in this Article 9. Notwithstanding the use of the defined term “Administrative Agent,” it is expressly understood and agreed that the Administrative Agent shall not have any fiduciary responsibilities to any Lender by reason of this Agreement or any other Loan Document and that the Administrative Agent is merely acting as the contractual representative of the Lenders with only those duties as are expressly set forth in this Agreement and the other Loan Documents. In its capacity as the Lenders’ contractual representative, the Administrative Agent (i) does not hereby assume any fiduciary duties to any of the Lenders, (ii) is a “representative” of the Lenders within the meaning of Section 9-105 of the Uniform Commercial Code and (iii) is acting as an independent contractor, the rights and duties of which are limited to those expressly set forth in this Agreement and the other Loan Documents. Each of the Lenders hereby agrees to assert no claim against the Administrative Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Lender hereby waives.
Wachovia Bank. (as Master Servicer hereunder and, with respect to the Reserve Fund, as Securities Intermediary under the Control Agreement) shall establish the following Accounts, on or before the Closing Date, and maintain each as an Eligible Deposit Account in the name of the Indenture Trustee, at an Eligible Institution (which shall initially be the Indenture Trustee in the case of the Collection Account and Note Payment Account and Wachovia Bank, in the case of the Reserve Fund) for the benefit of:
Wachovia Bank. (as Master Servicer hereunder) shall establish, on or before the Closing Date, and maintain in the name of the Owner Trustee at an Eligible Institution (which shall initially be the Indenture Trustee) an account designated as the "Wachovia Auto Loan Owner Trust 2008-1 Certificate Payment Account" (the "Certificate Payment Account"). The Certificate Payment Account shall be held in trust for the benefit of the Certificateholders. The Certificate Payment Account shall be under the control of the Owner Trustee; provided, however, that the Master Servicer may direct the Indenture Trustee in writing to make deposits to and withdrawals from the Certificate Payment Account in accordance with this Agreement and the other Basic Documents. All monies deposited from time to time in the Certificate Payment Account shall be held by or in the name of the Owner Trustee as part of the Trust Property and shall be applied as provided in the Basic Documents. The amounts on deposit in the Certificate Payment Account shall not be invested.