Custodial and Paying Agency Agreement definition

Custodial and Paying Agency Agreement means, initially, the Custodial and Paying Agency Agreement dated as of February 9, 2010, by and between the Company, the Purchase Money Notes Guarantor and the initial Custodian and Paying Agent, and thereafter any replacement agreement entered into with a Custodian and Paying Agent pursuant to Section 3.7.
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Custodial and Paying Agency Agreement means the Custodial and Paying Agency Agreement dated as of the date hereof between the Company, the Purchase Money Notes Guarantor, the Initial Member (in its capacity as the Collateral Agent) and Xxxxx Fargo Bank, N.A., in its capacities as the Custodian and the Paying Agent.
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Custodial and Paying Agency Agreement. Ladies and Gentlemen: In accordance with the provisions of Section 6.1(b) of the Custodial and Paying Agency Agreement, the undersigned, as Custodian, hereby certifies that other than the Exceptions listed as part of the Loan Schedule and Exceptions List attached hereto (a) (i) it has received all of the Custodial Documents required to be delivered with respect to each Loan identified on the Loan Schedule and Exceptions List attached hereto, and (ii) the Custodial Documents for each such Loan are as listed on such Loan Schedule and Exceptions List, (b) all documents have been reviewed and examined by the Custodian in accordance with the Review Procedures, and (c) based upon its examination of the Custodial Documents, such documents appear (i) regular on their face (i.e., are not mutilated, damaged, torn, defaced or otherwise physically altered); (ii) to relate to the Loans with respect to which they purport to relate; (iii) to have been executed by the named parties; (iv) to be what they purport to be; and (v) where applicable, to be recorded. The Custodian makes no representations in or by this Certificate and/or the Custodial and Paying Agency Agreement as to: (i) the validity, legality, enforceability or genuineness of any of the Custodial Documents or any of the Loans, or (ii) the collectibility, insurability, effectiveness or suitability of any of the Loans. Initially capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Custodial and Paying Agency Agreement. In confirmation of your acknowledgement of the foregoing, please sign this certificate in the place provided below and return an executed copy to us. Xxxxx Fargo Bank, N.A., as the Custodian By: _ Name: Title: Acknowledged: Multibank 2009-1 CML-ADC Venture, LLC, as the Company By: RL CML 2009-1 Investments, LLC, its Manager By: Name: Xxxxxxx X. Xxxxxxxx Title: Chief Executive Officer EXHIBIT F REVIEW PROCEDURES
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Examples of Custodial and Paying Agency Agreement in a sentence

  • Debtor shall ensure that the Purchase Money Notes Guarantor receives a copy of each demand, notice or other communication given pursuant to the Custodial and Paying Agency Agreement at the time that such notice or other communication is given thereunder.

  • Debtor shall retain the Custodian/Paying Agent and shall enter into and at all times be a party to a Custodial and Paying Agency Agreement with the Custodian/Paying Agent.

  • Debtor will duly and punctually pay, or cause the Custodian/Paying Agent to pay, the principal of the Purchase Money Notes in accordance with the terms of the Purchase Money Notes, this Agreement and the Custodial and Paying Agency Agreement and from moneys on deposit in the Defeasance Account.

  • Each Grantor hereby guaranties that payments pursuant to this Article VI will constitute Underlying Loan Proceeds and will be deposited into the Collection Account, to be applied in accordance with the Priority of Payments (as defined in the Custodial and Paying Agency Agreement).

  • The Monthly Report shall also include a certification of the Manager that all withdrawals by the Manager from the Collection Account during such Due Period were made in accordance with the terms of this Agreement and the Custodial and Paying Agency Agreement.

  • Debtor shall also cause to be furnished to each of the Initial Member, the Collateral Agent and the Purchase Money Notes Guarantor the Custodian and Paying Agent Report in accordance with the terms of the Custodial and Paying Agency Agreement.

  • On each Distribution Date, Debtor will direct the Custodian/Paying Agent to distribute amounts on deposit in the Distribution Account to Collateral Agent in payment of any amounts owed by Debtor to Purchase Money Notes Guarantor or Collateral Agent pursuant to this Agreement, subject to the priority of payments set forth in Section 5.1 of the Custodial and Paying Agency Agreement and the other terms thereof.

  • The Custodian/Paying Agent at all times shall have custody and possession of the Underlying Notes and other Custodial Documents to the extent required pursuant to the Custodial and Paying Agency Agreement.


More Definitions of Custodial and Paying Agency Agreement

Custodial and Paying Agency Agreement. Ladies and Gentlemen: In accordance with the provisions of Section 6.1(d) of the Custodial and Paying Agency Agreement, the Company, hereby certifies that: (i) attached is a list of additional Custodial Documents relating to the Loans, identifying with respect to each such Custodial Document the related Loan or, as the case may be, relating to any newly acquired Acquired Property, and (ii) enclosed with this certificate are the Custodial Documents listed on the attached. Initially capitalized terms used and not otherwise defined herein shall have the meanings assigned to such terms in the Custodial and Paying Agency Agreement. In confirmation of your acknowledgement of the foregoing, please sign this certificate in the place provided below and return an executed copy to us. XXXXX FARGO BANK, N.A., as the Custodian By: _ Name: Title: Acknowledged: MULTIBANK 2009-1 CML-ADC VENTURE, LLC, as the Company By: RL CML 2009-1 Investments, LLC, its Manager By: Name: Xxxxxxx X. Xxxxxxxx Title: Chief Executive Officer G-2 EXHIBIT H REQUEST FOR RELEASE AND RECEIPT OF CUSTODIAL DOCUMENTS To: Xxxxx Fargo Bank, NA Document Custody 0000 00xx Xxxxxx, X.X. Xxxxxxxxxxx, XX 00000 Ref: Request for Release
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Custodial and Paying Agency Agreement. In connection with the administration of the Custodial Documents held by you as the Custodian pursuant to the Custodial and Paying Agency Agreement, we request the release, and acknowledge and certify receipt of, the Custodial Documents for the Loan(s) described on Schedule A attached hereto for the reason indicated below. Reason for Requesting Documents (check one)
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Custodial and Paying Agency Agreement. In connection with the administration of the Debt Agreements held by you as the Paying Agent pursuant to the Custodial and Paying Agency Agreement, we request the release, and acknowledge and certify receipt of, the Debt Agreement described on Schedule A attached hereto. Xxxxx Fargo Bank, N.A., as the Paying Agent By: Name: Title: Acknowledged: Federal Deposit Insurance Corporation, in its capacity as Receiver for Various Failed Financial Institutions By: Name: Title: EXHIBIT J FEES AND EXPENSES OF CUSTODIAN AND PAYING AGENT The Custodian and Paying Agent shall be paid the following fees pursuant to Section 8.1 of this Agreement: EXHIBIT K CUSTODIAN AND PAYING AGENT REPORT CUSTODIAN AND PAYING AGENT REPORT DISTRIBUTION REPORT TOTAL FUNDS FOR DISTRIBUTION $ ­ Distributions: To Custodian and Paying Agent Custodian and Paying Agent Fees and Expenses $ ­ To Working Capital Reserve Account Replenishment of Working Capital Reserve $ ­ To Defeasance Account Deposit to Defeasance Account $ ­ To Purchase Money Note Guarantor Reimbursements to Purchase Money Note Guarantor $ ­ To Private Owner/Manager: Reimbursement of Excess Working Capital Advances Interim Management Fee Management Fee Distribution on Equity Total to Private Owner/Manager $ - - (1) - (2) ­ $ ­ To Initial Member Interim Servicing Fee $ - (1) Distribution on Equity ­ Total to Initial Member $ ­ TOTAL DISTRIBUTIONS $ ­ Notes:
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Custodial and Paying Agency Agreement means the Custodial and Paying Agency Agreement dated as of April 30, 2010 by and between the FDIC, the Owner and Citibank, N.A.
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Related to Custodial and Paying Agency Agreement

  • Collection agency means a person that is directly engaged in collecting or attempting to collect a claim owed or due or asserted to be owed or due another, or repossessing or attempting to repossess a thing of value owed or due or asserted to be owed or due another person, arising out of an expressed or implied agreement. Collection agency includes an individual who, in the course of collecting, repossessing, or attempting to collect or repossess, represents himself or herself as a collection or repossession agency, or a person that performs collection activities that are regulated under article 9 of the occupational code, 1980 PA 299, MCL 339.901 to 339.920. Collection agency includes a person that furnishes or attempts to furnish a form or a written demand service that is represented to be a collection or repossession technique, device, or system to be used to collect or repossess claims, if the form contains the name of a person other than the creditor in a manner that indicates that a request or demand for payment is being made by a person other than the creditor even though the form directs the debtor to make payment directly to the creditor rather than to the other person whose name appears on the form. Collection agency includes a person that uses a fictitious name or the name of another in the collection or repossession of claims to convey to the debtor that a third person is collecting or repossessing or has been employed to collect or repossess the claim.