Acquisition Fund. There shall be deposited into the Acquisition Fund amounts described in any Supplemental Indenture, moneys from proceeds of any Notes, any Recoveries of Principal required to be transferred thereto pursuant to a Supplemental Indenture and any moneys transferred thereto from the Revenue Fund pursuant to Section 5.04 hereof. Financed Student Loans shall be held by the Trustee or its agent or bailee (including any Servicer) and shall be pledged to the Trust Estate and accounted for as a part of the Acquisition Fund. Moneys on deposit in the Acquisition Fund shall be used, (a) to pay costs of issuance of Notes; (b) to pay principal of and interest due on the Notes and to pay Program Expenses, Maintenance and Operating Expenses and other costs upon the transfer of such moneys to the Revenue Fund as provided in Section 5.12 hereof; (c) upon Corporation Order, to redeem Notes in accordance with the provisions of any Supplemental Indenture; and (d) upon receipt by the Trustee of a Student Loan Acquisition Certificate in the form attached as Exhibit A hereto, to acquire Student Loans at a price which would permit the results of Cash Flow Statements provided to each Credit Facility Provider and Rating Agency then rating the Notes on any Issue Date of any Series of Notes not to be changed in a material adverse manner as certified to the Trustee on the Student Loan Acquisition Certificate; provided that such price may be increased if a Credit Confirmation (or, for Notes not subject to a Credit Facility, a Rating Confirmation) is obtained, based on new Cash Flow Statements containing such assumptions as the Corporation shall reasonably determine. Any such Corporation Order or Student Loan Acquisition Certificate shall state that such proposed use of moneys is in compliance with the provisions of this Indenture. The Trustee may conclusively rely on such Corporation Order or Student Loan Acquisition Certificate. If the Corporation determines that all or any portion of such moneys in the Acquisition Fund cannot be used to acquire Student Loans, then an Authorized Representative of the Corporation may, by Corporation Order, direct the Trustee to redeem Notes in accordance with any Supplemental Indenture. Prior to the acquisition of any FFELP Loans, the Corporation, the Trustee or another entity acting on their behalf shall be required to obtain an Eligible Lender number from the Secretary and the Corporation shall be required to provide the Trustee with an opinion of Bond ...
Acquisition Fund. There is hereby established in the custody of Escrow Agent an escrow fund designated as the “Vanderburgh County Acquisition Fund" (the "Acquisition Fund") to be held and administered by Escrow Agent for Lessee and Lessor in accordance with this Escrow Agreement, subject to Lessor's rights under this Section 2 and Section 3 hereof. The moneys and investments held by Escrow Agent under this Agreement are irrevocably held for the benefit of Xxxxxx and Lessor, and such moneys, together with any income or interest earned thereon, shall be expended only as provided in this Agreement, and shall not be subject to levy or attachment or lien by or for the benefit of any creditor of Lessee (other than Lessor) or Lessor. Lessee hereby grants to Lessor a security interest in the Acquisition Fund to secure payment of all sums due to Lessor under the Lease. For such purpose, Xxxxxx Agent xxxxxx agrees to act as agent for Xxxxxx in connection with the perfection of such security interest and agrees to note, or cause to be noted, on all books and records relating to such accounts, Xxxxxx's interest therein.
Acquisition Fund. With respect to each series of Notes, ---------------- the Trustee shall, upon delivery to the initial purchasers thereof and from the proceeds thereof, credit to the Acquisition Fund the amount, if any, specified in the Supplemental Indenture providing for the issuance of such series of Notes. The Trustee shall also deposit in the Acquisition Fund: (i) any funds to be transferred thereto from the Revenue Fund as provided in Section 4.6 hereof or from the Surplus Fund as provided in Section 4.8 hereof, and (ii) any other amounts specified in a Supplemental Indenture to be deposited therein. In addition, the Trustee shall also credit to the Acquisition Fund any Eligible Loans transferred thereto from the Surplus Account pursuant to Section 4.8 hereof (any such Eligible Loans so transferred being thereafter deemed to have been Financed with moneys in the Acquisition Fund). Balances in the Acquisition Fund shall be used only for (a) the acquisition of Eligible Loans pursuant to a Student Loan Purchase Agreement (including, for this purpose, the acquisition of Eligible Loans previously purchased or originated by the Corporation or the Trustee on behalf of the Corporation pursuant to a Student Loan Purchase Agreement from other available moneys of the Corporation), (b) the origination of Eligible Loans, (c) the redemption or purchase of Notes as provided in a Supplemental Indenture providing for the issuance of such Notes, (d) the payment of Debt Service on the Class A Notes and Other Senior Obligations when due (upon transfer to the Note Fund as set forth in the following paragraph), (e) the payment of the purchase price of any Class A Notes required to be purchased on a Purchase Date or a Mandatory Tender Date (upon transfer to the Note Fund as set forth in the following paragraph), or (f) to cure deficiencies in the Rebate Fund (upon transfer to the Rebate Fund as set forth in the following paragraph). The Trustee shall make or shall authorize the Deposit Agent to make payments to Lenders from the Acquisition Fund for the acquisition of Eligible Loans (such payments to be made at purchase prices not in excess of the amount specified therefor in the Supplemental Indenture which created the Account in the Acquisition Fund from which such purchase price is to be withdrawn), including the payment of reasonable transfer or assignment fees, if applicable, upon receipt by the Trustee of an Eligible Loan Acquisition Certificate and all documents, opinions and certif...
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Acquisition Fund. There is hereby created a separate fund to be held by the City designated as the “City of Durham 2015 Equipment Installment Financing Acquisition Fund” (the “Acquisition Fund”), which shall be maintained separate and apart from other funds of the City. The Purchase Price shall be deposited in the Acquisition Fund, and, together with the earnings from the investment thereof. Pursuant to this Contract, the City grants a security interest to the Lender in the funds held in the Acquisition Fund. Such interest shall terminate with the termination of the Acquisition Fund. The funds in the Acquisition Fund will be disbursed in accordance with the provisions of this Article IV.
Acquisition Fund. The Administrator shall instruct the Indenture Trustee to deposit into the Acquisition Fund, the Reserve Fund and such other funds or accounts as are appropriate, the proceeds derived from the sale of Notes. The Administrator shall instruct the Indenture Trustee in writing to make withdrawals from amounts deposited in the Acquisition Fund as provided in the Indenture.
Acquisition Fund. There is established hereunder a Fund, held by the Indenture Trustee and designated the "Acquisition Fund". To the extent necessary or appropriate, the Issuer and the Indenture Trustee may establish Accounts within the Acquisition Fund and subaccounts within such Accounts established under this Section. The Indenture Trustee has deposited to the credit of the Acquisition Fund the amount required by the Original Terms Supplement and shall deposit to the credit of the Acquisition Fund any amount required by the Terms Supplement. The Acquisition Fund and the Accounts therein shall be applied by the Indenture Trustee for the Financing directly, or indirectly through an Eligible Lender Trustee, of Student Loans from Sellers. The Financing directly, or indirectly through an Eligible Lender Trustee, of Student Loans from Sellers, from the Issuer and/or from the indenture trustee under other financing documents to which the Issuer is a party with moneys representing amounts deposited in the Acquisition Fund (or any Accounts therein) shall be governed by the provisions of Section 5.3.1 below.
Acquisition Fund. (a) In general The Secretary shall establish an Acquisition Fund to—
Acquisition Fund. With respect to each series of Notes, the Trustee shall, upon delivery to the initial purchasers thereof and from the proceeds thereof, credit to the Acquisition Fund the amount, if any, specified in the Supplemental Indenture providing for the issuance of such series of Notes. The Trustee shall also deposit in the Acquisition Fund: (i) any funds to be transferred thereto from the Revenue Fund as provided in Section 4.6 hereof or from the Surplus Fund as provided in Section 4.8 hereof, and (ii) any other amounts specified in a Supplemental Indenture to be deposited therein. In addition, the Trustee shall also credit to the Acquisition Fund any Eligible Loans transferred thereto from the Surplus Account pursuant to Section 4.8 hereof (any such Eligible Loans so transferred being thereafter deemed to have been Financed with moneys in the Acquisition Fund). Balances in the Acquisition Fund shall be used only for (a) the acquisition of Eligible Loans pursuant to a Student Loan Purchase Agreement (including, for this purpose, the acquisition of Eligible Loans previously purchased or originated by the Corporation or the Trustee on behalf of the Corporation pursuant to a Student Loan Purchase Agreement from other available moneys of the Corporation) or Transfer Agreement, (b) the origination of Eligible Loans, (c) the redemption or purchase of Notes as provided in a Supplemental Indenture
Acquisition Fund. Certificate proceeds deposited in the Acquisition Fund and Investment earnings on such proceeds may be invested without Yield restriction for three years after the Issue Date. If any unspent proceeds remain in the Acquisition Fund after three years, such amounts may continue to be invested without Yield restriction so long as the City pays to the IRS all Yield reduction payments in accordance with Section 1.148-5(c) of the Regulations. These payments are required whether or not the Certificates are exempt from the arbitrage rebate requirements of Section 148 of the Code.
