Common use of Collection Account Clause in Contracts

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue to maintain an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 4 contracts

Samples: Indenture (Bluegreen Corp), Indenture (Bluegreen Corp), Indenture (Bluegreen Corp)

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Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Receivables Note Trust I2015-A, Timeshare Loan-Backed VFN Notes, Series I 2015-A — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(i) hereof, establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and Deposits or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 2 contracts

Samples: BXG Receivables Note (BFC Financial Corp), Indenture (BBX Capital Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees shall cause to continue to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Diamond Resorts Owner Trust I, Timeshare Loan2009-Backed VFN Notes, Series I 1 — Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 3.01 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 3.04 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from All investment earnings on the Collection Account and return shall be distributed to the Servicer or as directed by owners of the Servicer, any amounts which (i) were mistakenly deposited beneficial interests in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely Issuer on such written directioneach Payment Date.

Appears in 2 contracts

Samples: Indenture (Diamond Resorts Parent, LLC), Indenture (Diamond Resorts Parent, LLC)

Collection Account. The Issuer hereby directs shall establish with the Trustee and the Indenture Trustee hereby agrees to continue to shall maintain an a segregated trust account (the “Collection Account”) for which shall be in the benefit name of the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation Trustee BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee trustee on behalf of the Noteholders Holders of the IP Holdings LLC Asset-Backed Notes,” and which shall possess all rightbe in an Eligible Financial Institution, title for the receipt of, and interest in all funds on deposit from time there shall be deposited into the Collection Account, payments to time in be deposited therein as provided herein. If the bank with which the Collection Account is maintained ceases to be an Eligible Financial Institution, the Trustee shall transfer the Collection Account to an account maintained with an Eligible Financial Institution selected by the Issuer (unless an Event of Default shall have occurred and not been waived, in all proceeds thereofwhich case, such Eligible Financial Institution shall be selected by the Trustee). The Collection Account shall relate solely to the transactions contemplated in this Indenture, and funds in such account shall not be under commingled with any other monies. All payments to be made from time to time by the sole dominion and control of the Indenture Trustee for the benefit of to the Noteholders as their interests appear out of funds in the Trust Estate. If, at any time, the Collection Account ceases pursuant to be an Eligible Bank Account, the this Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from made by the date such new Collection Account is established, it shall be the “Collection Account”Trustee as Paying Agent. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts Funds on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, Eligible Investments at the written direction of the ServicerIssuer. The maximum permissible maturity or, shall withdraw (no more than once per calendar week) from if applicable, the latest redemption date of any Eligible Investments made with amounts on deposit in the Collection Account and return shall be not later than the Business Day preceding the next succeeding Payment Date or a Redemption Date, as applicable. All monies deposited from time to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited time in the Collection AccountAccount pursuant to this Indenture shall be held by the Trustee as part of the related Collateral as herein provided. Monies in the Collection Account shall be subject to withdrawals pursuant to this Indenture, including, without limitation, amounts representing Misdirected Payments including Section 13.1 and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.Section 10.3

Appears in 2 contracts

Samples: Indenture (Iconix Brand Group, Inc.), Iconix Brand Group, Inc.

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Receivables Note Trust I2016-A, Timeshare Loan-Backed VFN Notes, Series I 2016-A — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(i) hereof, establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and Deposits or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 2 contracts

Samples: BXG Receivables Note (BFC Financial Corp), BXG Receivables Note (BBX Capital Corp)

Collection Account. The Issuer hereby directs and the Paying Agent on behalf of the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Receivables Note Trust I2018-A, Timeshare Loan-Backed VFN Notes, Series I 2018-A — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Paying Agent on behalf of the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(i) hereof, establish a new Collection Account (which if not maintained by the Paying Agent on behalf of the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately promptly deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and Deposits or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 2 contracts

Samples: Indenture (BBX Capital Corp), Indenture (Bluegreen Vacations Corp)

Collection Account. The Issuer hereby directs and the Paying Agent on behalf of the Indenture Trustee hereby agrees to continue to maintain an account (the “Collection Account”) for the benefit of the Noteholders. The Issuer and the Indenture Trustee represent that the Collection Account is an Eligible Bank Account initially established at the corporate trust department of the Paying Agent on behalf of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately promptly deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made (x) on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable, and (y) on the Business Day immediately following receipt by the Servicer, the Issuer and the Indenture Trustee no later than 2:00 P.M. New York City time of the written request, substantially in the form set forth in Exhibit I attached hereto, of a Conduit Purchaser, its related Funding Agent or Lord Securities Corporation, on its behalf, (with a copy to each other Purchaser and Funding Agent), to pay the interest cost of such Conduit Purchaser’s Allocated Commercial Paper or any portion thereof (the amount of such cost, the “Conduit Draw”) as set forth in such written request (and any payments under this clause (y) shall be treated as payments with respect to the Conduit Purchaser’s allocable share of the Interest Distribution Amount under Section 3.4 or Section 6.6 hereof, as applicable). The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in into the Collection Account, including, without limitation, amounts representing Misdirected Payments Deposits and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 2 contracts

Samples: Note Funding Agreement (BBX Capital Corp), Note Funding Agreement (Bluegreen Vacations Corp)

Collection Account. The (a) Prior to the Series Issuance ------------------- Date for the first Series issued hereunder, the Note Issuer hereby directs and shall open, at the Indenture Trustee hereby agrees to continue to maintain an account Note Trustee's Corporate Trust Office, or at another Eligible Institution, one or more segregated trust accounts in the Note Trustee's name for the deposit of Estimated FTA Collections (collectively, the "Collection Account”) for the benefit of the Noteholders"). The Collection Account is will consist of four subaccounts: a general subaccount (the "General Subaccount"), a reserve subaccount (the "Reserve Subaccount"), a subaccount for the Overcollateralization Amount (the "Overcollaterization Subaccount") and a capital subaccount (the "Capital Subaccount"). All amounts in the Collection Account not allocated to any other subaccount shall be allocated to the General Subaccount. All references to the Collection Account shall be deemed to include reference to all subaccounts contained therein. Withdrawals from and deposits to each of the foregoing subaccounts of the Collection Account shall be made as set forth in Section 8.02(d) and (e). The Collection Account shall at all times be maintained with an Eligible Bank Institution and the Note Trustee or another Paying Agent, acting as the Note Issuer's agent, shall have access to the Collection Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit purpose of making deposits in and withdrawals from the Noteholders”Collection Account in accordance with this Indenture. The Indenture Trustee on behalf of Funds in the Noteholders Collection Account shall possess all right, title and interest in all funds on deposit not be commingled with any other moneys. All moneys deposited from time to time in the Collection Account Account, all deposits therein pursuant to this Indenture, and all investments made in Eligible Investments with such moneys, including all proceeds thereof. The Collection Account income or other gain from such investments, shall be under held by the sole dominion and control of the Indenture Note Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction part of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or Collateral as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written directionherein provided.

Appears in 2 contracts

Samples: Sce Funding LLC, Sdg&e Funding LLC a De Limited Liability Co

Collection Account. The Issuer hereby directs and the Paying Agent on behalf of the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Receivables Note Trust I2020-A, Timeshare Loan-Backed VFN Notes, Series I 2020-A — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Paying Agent on behalf of the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(i) hereof, establish a new Collection Account (which if not maintained by the Paying Agent on behalf of the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the 19 date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately promptly deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture TrusteePaying Agent, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and Deposits or (ii) represent Additional Servicing Compensation. The Indenture Trustee Paying Agent may conclusively rely on such written direction.

Appears in 2 contracts

Samples: Indenture (Bluegreen Vacations Holding Corp), Indenture (Bluegreen Vacations Corp)

Collection Account. The Issuer hereby directs Transferor shall establish and the Indenture Trustee hereby agrees to continue to maintain an account Eligible Account (the “Collection Account”) for receiving and disbursing amounts in accordance with Section 2.8. The Servicer shall advise the benefit Administrative Agent in writing of the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department location of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under used only for the sole dominion and control collection of the Indenture Trustee amounts and for application of such amounts as described in Section 2.8. The Collection Account will be governed by the benefit Control Agreement pursuant to which the Administrative Agent shall have Control pursuant to the terms of the Noteholders as their interests appear in the Trust EstateControl Agreement. If, at any time, If the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee Servicer shall within two ten (10) Business Days establish a new of receipt of notice of such change in eligibility transfer the property credited to the Collection Account which shall be to an account meeting the requirements of an Eligible Bank Account, transfer any cash and/or any investments which is established pursuant to such new Collection Accounta substitute Control Agreement, and from as to which the date such new Administrative Agent shall have Control. The Servicer shall promptly notify the Administrative Agent of the establishment of a replacement Collection Account is establishedand shall provide the Administrative Agent with such information with respect thereto as the Administrative Agent may reasonably request. To the extent of its interest therein (if any), it shall be the “Collection Account”. The Indenture Trustee agrees Servicer hereby grants to immediately deposit any amounts received by it into the Administrative Agent (for the benefit of the Owners) a security interest in all of the Servicer’s right, title and interest in the Collection Account. Amounts Account and all amounts from time to time credited to the Collection Account (including, without limitation, interest, cash and other property from time to time received, receivable or otherwise distributed in respect of or in connection with amounts on deposit in the Collection Account). In the event there shall have been deposited in the Collection Account any amount not required to be deposited therein and so identified to the Administrative Agent, such amount shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments withdrawn from the Collection Account will Account, any provision herein to the contrary notwithstanding, and any such amounts shall not be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction deemed to be a part of the Servicer, shall withdraw (no more than once per calendar week) from Collection Account. All amounts deposited in the Collection Account and return to shall remain in a deposit account maintained at the Servicer or as directed by the ServicerAccount Bank. On each Payment Date, any amounts which (i) were mistakenly deposited all interest received on funds on deposit in the Collection Account, includingif any, without limitation, amounts representing Misdirected Payments shall be deposited into the Collection Account and (ii) represent Additional Servicing Compensationshall be deemed to constitute a portion of the Total Distribution Amount. The Indenture Trustee may conclusively rely Servicer and the Transferor agree to take all actions reasonably necessary, including the filing of appropriate financing statements and the giving of proper registration instructions relating to any investments, to protect the Administrative Agent’s interest (on behalf T-Mobile (EIP) Third A&R RPAA of the Owners) in the Collection Account and any moneys therein and to enable the Administrative Agent to enforce its rights (on behalf of the Owners) under the Control Agreement(s) relating to the Collection Account. Following a Servicer Default or Termination Event, the Administrative Agent may, or shall at the direction of the Required Owners, deliver a “shifting control notice” to the depositary bank at which the Collection Account is maintained, upon receipt of which notice, such written directiondepositary bank will follow the direction of the Administrative Agent as to application of Collections in such Collection Account.

Appears in 1 contract

Samples: Receivables Purchase and Administration Agreement (T-Mobile US, Inc.)

Collection Account. The Issuer hereby directs and the Paying Agent on behalf of the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Receivables Note Trust I2017-A, Timeshare Loan-Backed VFN Notes, Series I 2017-A — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(i) hereof, establish a new Collection Account (which if not maintained by the Paying Agent on behalf of the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately promptly deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and Deposits or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (BBX Capital Corp)

Collection Account. The Issuer hereby directs directs, and the Indenture Trustee hereby agrees agrees, to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture TrusteeTrustee or an Affiliate thereof, bearing the following designation “BXG Timeshare Receivables Note Trust I2022-A, Timeshare Loan-Backed VFN Notes, Series I 2022-A — Collection Account, U.S. Bank Trust Company, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(i) hereof, establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the 19 “Collection Account”. The Indenture Trustee agrees to immediately promptly deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and Deposits or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: BXG Receivables Note (Bluegreen Vacations Holding Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”"COLLECTION ACCOUNT") for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation "BXG Timeshare Receivables Note Trust I2004-B, Timeshare Loan-Backed VFN Notes, Series I — 2004-B -- Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders". The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two (2) Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the "Collection Account". The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited by the Lockbox Bank in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Bluegreen Corp

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees shall cause to continue to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Diamond Resorts Owner Trust I, Timeshare Loan2015-Backed VFN Notes, Series I — 1 -- Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.01(l) hereof, establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 3.01 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 3.04 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from All investment earnings on the Collection Account and return shall be distributed to the Servicer or as directed by owners of the Servicer, any amounts which (i) were mistakenly deposited beneficial interests in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely Issuer on such written directioneach Payment Date.

Appears in 1 contract

Samples: Diamond Resorts International, Inc.

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the "Collection Account") for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation "BXG Timeshare Receivables Note Trust I2007-A, Timeshare Loan-Backed VFN Notes, Series I — 2007-A -- Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders". The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the "Collection Account". The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: BXG Receivables (Bluegreen Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue to maintain an account (the “Collection Account”) Trustee, for the benefit of the Noteholders. The Collection Account is an Eligible Bank Account initially established at Noteholders and any Series Enhancers, will establish and maintain with the corporate trust department Indenture Trustee or its nominee in the name of the Indenture Trustee, on behalf of the Issuer, a Qualified Account (including any subaccounts thereof) bearing a designation clearly indicating that the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee funds and other property credited thereto are held for the benefit of the Noteholders”Noteholders and any Series Enhancers (the "Collection Account"). The Collection Account will consist of two segregated subaccounts: (i) the "Collection Account Securities Subaccount" to which financial assets (other than cash and money) credited to the Collection Account will be credited and (ii) the "Collection Account Cash Deposit Subaccount" to which cash and money deposited in the Collection Account will be credited. The Indenture Trustee on behalf of the Noteholders shall will possess all right, title and interest in all funds on Eligible Investments and all monies, cash, instruments, securities, securities entitlements, documents, certificates of deposit and other property from time to time on deposit in or credited to the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion interest, proceeds, earnings, income, revenue, dividends and control other distributions thereof (including any accrued discount realized on liquidation of the Indenture Trustee any investment purchased at a discount) for the benefit of the Noteholders and any Series Enhancers. Except as their interests appear expressly provided in this Indenture and the Transfer and Servicing Agreements, the Servicer agrees that it has no right of setoff or banker's lien against, and no right to otherwise deduct from, any funds and other property held in the Trust EstateCollection Account for any amount owed to it by the Indenture Trustee, the Issuer, any Noteholder or any Series Enhancer. If, at any time, (x) the Collection Account ceases to be an Eligible Bank a Qualified Account or (y) the Indenture Trustee no longer maintains the Collection Account, then within ten Business Days (or such longer period as to which each Rating Agency may consent), the Indenture Trustee shall within two Business Days (or the Servicer on its behalf) will establish a new Collection Account which shall be an Eligible Bank Accountmeeting the conditions specified above, transfer any cash and/or any investments monies, instruments, securities, security entitlements, documents, certificates of deposit and other property to such new Collection Account, Account and from the date such new Collection Account is established, it shall will be the "Collection Account”. The ." Any Eligible Institution at which the successor Collection Account is established will deliver a written acceptance of its appointment and will agree to be bound by the provisions in this Indenture Trustee agrees relating to immediately deposit any amounts received by it into the Securities Intermediary and the Bank as they relate to the Collection Account. Amounts Pursuant to the authority granted to the Servicer in Section 3.01(a) of the Transfer and Servicing Agreements, the Servicer has the power, revocable by the Indenture Trustee, to make withdrawals and payments from the Collection Account and to instruct the Indenture Trustee to make withdrawals and payments from the Collection Account for the purposes of carrying out the Servicer's or the Indenture Trustee's duties under the Transfer and Servicing Agreements and hereunder, as applicable. Funds on deposit in the Collection Account shall be invested in accordance with (other than amounts deposited pursuant to Section 3.1 hereof. Withdrawals 2.03(c) or 6.01 of the Transfer and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 Servicing Agreements or Section 6.6 11.02 hereof, as applicable. The Indenture Trustee) will, at the written direction of the Servicer, shall withdraw be invested by the Indenture Trustee or its nominee (no more than once per calendar weekincluding the Securities Intermediary) from the Collection Account and return to the Servicer or as directed in Eligible Investments selected by the Servicer, . All such Eligible Investments will be held by the Indenture Trustee or its nominee for the benefit of the Noteholders and any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing CompensationSeries Enhancers. The Indenture Trustee may conclusively rely will cause each Eligible Investment to be delivered to it or its nominee (including a securities intermediary) and will be credited to the Collection Account Securities Subaccount. Investments of funds representing Collections collected during any Collection Period will be invested in Eligible Investments that will mature so that such funds will be available no later than the close of business on such written directionthe Business Day next preceding the Distribution Date occurring in the following Collection Period. On each Distribution Date, all interest and other investment earnings (net of losses and investment expenses) on funds on deposit in the Collection Account will be treated as Interest Collections with respect to the last day of the related Collection Period except as otherwise specified in the related Indenture Supplement. The Indenture Trustee will bear no responsibility or liability for any losses resulting from investment or reinvestment of any funds in accordance with this Section 8.03(a) nor for the selection of Eligible Investments in accordance with the provisions of this Indenture, any Indenture Supplement or the Transfer and Servicing Agreements.

Appears in 1 contract

Samples: Indenture (Ford Credit Floorplan LLC)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Receivables Note Trust I2013-A, Timeshare Loan-Backed VFN Notes, 18 Series I 2013-A — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(i), establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and Deposits or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (BFC Financial Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the "Collection Account") for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation "BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I -- Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders". The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the "Collection Account". The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Silverleaf Timeshare Loan-Backed VFN Notes, Series I — 2008-A—Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust EstateCollateral. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two (2) Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i1) were mistakenly deposited by the Lockbox Bank in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Silverleaf Resorts Inc

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Silverleaf Timeshare Loan-Backed VFN Notes, Series I — Collection 2010-A―Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust EstateCollateral. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two (2) Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited by the Lockbox Bank in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Silverleaf Resorts Inc)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Silverleaf Timeshare Loan-Backed VFN Notes, Series I — 2011-A—Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two (2) Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited by the Lockbox Bank in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Silverleaf Resorts Inc

Collection Account. (i) The Issuer hereby directs Collateral Agent has caused to be established and the Indenture Trustee hereby agrees shall cause to continue to maintain be maintained an account (the “Collection Account”) for the benefit of the NoteholdersSecured Parties. Diamond - Collateral and Servicing Agreement #39303843 The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture TrusteeCollateral Agent, bearing the following designation “BXG Timeshare Trust IDiamond Resorts/CO Borrower 2016, Timeshare Loan-Backed VFN Notes, Series I — LLC -- Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee Collateral Agent for the benefit of the NoteholdersSecured Parties”. The Indenture Trustee Collateral Agent on behalf of the Noteholders Secured Parties shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee Collateral Agent for the benefit of the Noteholders as their interests appear in the Trust EstateSecured Parties. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days Collateral Agent shall, in accordance with Section 3.1(l), establish a new Collection Account (which if not maintained by the Collateral Agent is subject to an account control agreement satisfactory to the Collateral Agent and the Administrative Agent) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee Collateral Agent agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section Sections 3.4 or Section and 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Collateral and Servicing Agreement (Diamond Resorts International, Inc.)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees has caused to continue be established and shall cause to maintain be maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Marriott Vacations Worldwide Owner Trust I, Timeshare Loan2011-Backed VFN Notes, Series I 1 — Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Misdirected Deposits shall not be part of Available Funds and the Indenture Trustee shall, at the written direction of the Servicer, remit such funds to or at the direction of MORI or the Seller, as applicable. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 3.01 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 3.04 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from All investment earnings on the Collection Account and return shall be distributed to the Servicer or as directed by Owner Trustee for distribution to the Servicer, any amounts which (i) were mistakenly deposited owners of the beneficial interests in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely Issuer on such written directioneach Payment Date.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (MARRIOTT VACATIONS WORLDWIDE Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Receivables Note Trust I2012-A, Timeshare Loan-Backed VFN Notes, Series I 2012-A — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(i), establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and Deposits or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the "Collection Account") for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation "BXG Timeshare Receivables Note Trust I2002-A, Timeshare Loan-Backed VFN Notes, Series I — 2002-A -- Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders". The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two (2) Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the "Collection Account". The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited by the Lockbox Bank in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: BXG Receivables (Bluegreen Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees shall cause to continue to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Diamond Resorts Owner Trust I, Timeshare Loan2014-Backed VFN Notes, Series I — 1 -- Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.01(l), establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 3.01 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 3.04 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from All investment earnings on the Collection Account and return shall be distributed to the Servicer or as directed by owners of the Servicer, any amounts which (i) were mistakenly deposited beneficial interests in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely Issuer on such written directioneach Payment Date.

Appears in 1 contract

Samples: Indenture (Diamond Resorts International, Inc.)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees has caused to continue be established and shall cause to maintain be maintained an account (the “Collection Account”) for the benefit of the NoteholdersSecured Parties. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I Diamond Resorts Issuer 2008 LLC — Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the NoteholdersSecured Parties”. The Indenture Trustee on behalf of the Noteholders Secured Parties shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders Secured Parties as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately promptly deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section Sections 3.3, 3.4 or Section 6.6 and 6.0 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Diamond Resorts Parent, LLC)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees has caused to continue be established and shall cause to maintain be maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Marriott Vacations Worldwide Owner Trust I, Timeshare Loan2011-Backed VFN Notes, Series I 1 — Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 3.01 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 3.04 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from All investment earnings on the Collection Account and return shall be distributed to the Servicer or as directed by Owner Trustee for distribution to the Servicer, any amounts which (i) were mistakenly deposited owners of the beneficial interests in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely Issuer on such written directioneach Payment Date.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the "Collection Account") for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation "BXG Timeshare Receivables Note Trust I2004-C, Timeshare Loan-Backed VFN Notes, Series I — 2004-C -- Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders". The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the "Collection Account". The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited by the Lockbox Bank in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Collection Account. The Issuer hereby directs Trustee shall credit to the Collection Account: (i) all amounts received as interest, including federal interest subsidy payments, and principal payments with respect to Financed Student Loans, including all Guarantee payments, all Special Allowance Payments with respect to Financed Student Loans (which shall exclude any Special Allowance Payments that accrued prior to the date on which such Student Loans were refinanced or acquired under this Indenture and which may be net of any origination and lender fees with respect to the Financed Student Loans), and all late fees collected with respect to Financed Student Loans, (ii) proceeds of any sale or refinancing of any Financed Student Loans by the Corporation or the Trustee as provided in Section 5.2, (iii) all amounts transferred to the Collection Account from the Acquisition Account and the Indenture Trustee hereby agrees to continue to maintain an account Reserve Account in accordance with the provisions of Section 5.2 and 5.4 hereof, (iv) all amounts received as earnings on or income from Investment Securities in the “Collection Acquisition Account”) for , the benefit of Reserve Account and the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association(v) any amounts received by the Trustee pursuant to the indemnification provisions of Section 8.2, and (vi) any other amounts received by the Trustee pursuant to Article Seven hereof. The Corporation shall cause all amounts required to be credited to the Collection Account, upon receipt by the Corporation or a Servicer, or any agent thereof, as Indenture the case may be, to be forthwith transmitted to the Trustee for the benefit of the Noteholders”such credit. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at At any time, the Balance of the Collection Account ceases to be an Eligible Bank Accountshall include any such amount not yet received by, or not yet deposited by, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection AccountTrustee. Amounts on deposit in the Collection Account shall be invested paid out by the Trustee at any time as required by the provisions of this Indenture. Amounts in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will shall be made paid at any time by the Trustee to the Secretary of Education upon receipt of a Corporation Order certifying that such amounts are owed with respect to Financed Consolidation Loans pursuant to Section 428C(f) of the Higher Education Act (or any successor provision) and directing that such amounts be so paid. Moneys in the Collection Account which constitute Available Funds shall be used and applied on each Monthly Payment Date and Quarterly Payment Date as provided in Section 3.4 5.6, without further authorization or direction. In connection with the redemption of all Notes pursuant to Section 6.6 4.3 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from any amounts in the Collection Account and return shall be applied to the Servicer or as directed by payment of the Servicer, any Redemption Price and other amounts which (i) were mistakenly deposited due hereunder on such date. Pending application of moneys in the Collection AccountAccount for one or more authorized purposes, includingsuch moneys shall be invested in Investment Securities as provided in Section 5.9, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely any earnings on or income from such written directioninvestments shall be retained therein.

Appears in 1 contract

Samples: Education Loans Inc /De

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Silverleaf Timeshare Loan-Backed VFN Notes, Series I — Collection 2010-B¯Collection Account, U.S. Bank Wxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust EstateCollateral. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two (2) Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited by the Lockbox Bank in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Silverleaf Resorts Inc

Collection Account. The Issuer hereby directs and the Paying Agent on behalf of the Indenture Trustee hereby agrees to continue to maintain an account (the “Collection Account”) for the benefit of the Noteholders. The Issuer and the Indenture Trustee represent that the Collection Account is an Eligible Bank Account initially established at the corporate trust department of the Paying Agent on behalf of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank Trust Company, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately promptly deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in into the Collection Account, including, without limitation, amounts representing Misdirected Payments Deposits and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: BXG Timeshare (Bluegreen Vacations Holding Corp)

Collection Account. The Issuer hereby directs There shall be established on the day of the initial Incremental Transfer hereunder and maintained with the Indenture Trustee hereby agrees to continue to maintain an Agent, a segregated account (the "Collection Account”) "), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department of the Indenture TrusteeAgent, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders Buyers and the Bank Investors. The Servicer and the Transferor shall possess remit or cause to be remitted daily within two Business Days of receipt to the Collection Account all rightCollections received with respect to any Receivables; provided, title however, prior to the date of the Conversion, the Servicer and interest in Transferor shall remit daily within two Business Days of receipt to the Collection Account all funds Collections received with respect to any Receivables less the aggregate amount of principal receivables purchases made hereunder since the last day on which Collections were remitted to the Collection Account. Funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account (other than investment earnings) shall be under invested by the sole dominion Agent in Eligible Investments that will mature so that such funds will be available on the Business Day preceding the Remittance Date following such investment. All interest and control earnings (net of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, losses and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts investment expenses) on funds on deposit in the Collection Account shall be invested retained in accordance with Section 3.1 hereofthe Collection Account and be available to make any payments required to be made hereunder. Withdrawals Notwithstanding the foregoing, so long as (i) no Termination Event or Potential Termination Event shall have occurred and payments be continuing and (ii) the amount of the Eligible Pool Balance shall exceed Buyer A's Net Investment as of the last day of the most recent Collection Period, the Servicer shall be entitled to withdraw any Collections held in the Collection Account in excess of the amount estimated by the Servicer accrued during such Collection Period for Carrying Costs; provided, that, within two Business Days after the first such withdrawal of every calendar month, the Servicer shall deliver to the agent a statement in the form of Exhibit C hereto. On the Business Day preceding the Remittance Date, the Servicer shall remit to the Collection Account all amounts withdrawn from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at during the written direction preceding Collection Period net of the Servicer, shall withdraw (no more than once per calendar weeka) from the Collection Account and return to the Servicer or as directed any amounts applied by the ServicerTransferor during such Collection Period to reduce the Buyers' Net Investment, (b) any amounts applied to make purchases pursuant to Section 2.2(e) during such Collection Period and (c) any amounts which (iwould otherwise be distributed on such Remittance Date pursuant to Section 2.5(a)(i), 2.5(a)(iv) were mistakenly deposited in or 2.5(b)(i), which shall be deemed paid pursuant to such Sections by virtue of the Servicer not remitting such amounts to the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Compucredit Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Receivables Note Trust I2010-A, Timeshare Loan-Backed VFN Notes, Series I 2010-A — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and Deposits or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Collection Account. The Issuer hereby directs shall establish with the Trustee and the Indenture Trustee hereby agrees to continue to shall maintain an a segregated trust account (the "Collection Account") for which shall be in the benefit name of the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, Trustee "as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee trustee on behalf of the Noteholders Holders of the IP Holdings LLC Asset-Backed Notes," and which shall possess all rightbe in an Eligible Financial Institution, title for the receipt of, and interest in all funds on deposit from time there shall be deposited into the Collection Account, payments to time in be deposited therein as provided herein. If the bank with which the Collection Account is maintained ceases to be an Eligible Financial Institution, the Trustee shall transfer the Collection Account to an account maintained with an Eligible Financial Institution selected by the Issuer (unless an Event of Default shall have occurred and not been waived, in all proceeds thereofwhich case, such Eligible Financial Institution shall be selected by the Trustee). The Collection Account shall relate solely to the transactions contemplated in this Indenture, and funds in such account shall not be under commingled with any other monies. All payments to be made from time to time by the sole dominion and control of the Indenture Trustee for the benefit of to the Noteholders as their interests appear out of funds in the Trust Estate. If, at any time, the Collection Account ceases pursuant to be an Eligible Bank Account, the this Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from made by the date such new Collection Account is established, it shall be the “Collection Account”Trustee as Paying Agent. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts Funds on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, Eligible Investments at the written direction of the ServicerIssuer. The maximum permissible maturity or, shall withdraw (no more than once per calendar week) from if applicable, the latest redemption date of any Eligible Investments made with amounts on deposit in the Collection Account and return to shall be not later than the Servicer Business Day preceding the next succeeding Payment Date or as directed by the Servicera Redemption Date, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.as

Appears in 1 contract

Samples: Iconix Brand Group, Inc.

Collection Account. The Issuer hereby directs There shall be established on the day of the initial Incremental Transfer hereunder and the Indenture Trustee hereby agrees to continue to maintain an maintained with NationsBank, N.A., a segregated account (the “Collection Account”) "COLLECTION ACCOUNT"), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Noteholders. The Agent, on behalf of the Buyer and the Owners, PROVIDED, HOWEVER, that if at any time the short-term debt rating of NationsBank, N.A. shall be lower than "A-1+" or "P-1" by Standard & Poor's or Xxxxx'x, respectively, the Servicer shall instruct NationsBank, N.A. to transfer such Collection Account is an Eligible Bank Account initially established at and all funds deposited therein into a new account that it will establish and maintain in the corporate name of the Agent, on behalf of the Buyer and the other Owners, which shall be a fully segregated account with the trust department of bearing a designation clearly indicating that the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee funds deposited therein are held in trust for the benefit of the Noteholders”. The Indenture Trustee Agent, on behalf of the Noteholders Buyer and the other Owners. The Servicer and the Transferor shall possess remit or cause to be remitted daily within two Business Days of receipt to the Collection Account all right, title and interest in all funds Collections received with respect to any Receivables. Funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account (other than investment earnings) shall be under invested by the sole dominion Agent in Eligible Investments that will mature so that such funds will be available on the Business Day preceding the Remittance Date following such investment. All interest and control earnings (net of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, losses and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts investment expenses) on funds on deposit in the Collection Account shall be invested retained in the Collection Account and be available to make any payments required to be made pursuant to Section 2.5(a). Notwithstanding the foregoing, so long as (i) no Termination Event or Potential Termination Event shall have occurred and be continuing and (ii) the amount of the Eligible Pool Balance shall exceed the Net Investment as of the last day of the most recent Collection Period, the Servicer shall be entitled to withdraw any Collections held in the Collection Account in excess of the amount estimated by the Servicer to accrue during such Collection Period for Carrying Costs; PROVIDED, THAT, within two Business Days after the first such withdrawal of every calendar month, the Servicer shall deliver to the Agent a statement in the form of Exhibit C hereto; PROVIDED FURTHER, HOWEVER, that the Servicer may withdraw Collections during any Collection Period only to the extent such withdrawn amounts are applied (a) to make purchases pursuant to Section 2.2(e) during such Collection Period or (b) in respect of amounts which would otherwise be distributed on the related Remittance Date pursuant to Section 2.5(a)(i) or 2.5(a)(iv). Any such amounts withdrawn from the Collection Account during the preceding Collection Period shall be deemed to have been applied in accordance with Section 3.1 hereof2.5(a). Withdrawals Any amounts withdrawn pursuant to clause (b) above in respect of Section 2.5(a)(iv) shall be based on the Servicer's reasonable estimation of the Servicing Fees for the applicable Collection Period and payments from in any event shall not exceed the amount received by the Servicer in respect of Servicing Fees for the immediately preceding Collection Period. On the Business Day preceding the Remittance Date, the Servicer shall remit to the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereofthe excess, as applicable. The Indenture Trusteeif any, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited the amount withdrawn pursuant to clause (b) above in the Collection Account, including, without limitation, amounts representing Misdirected Payments and respect of Section 2.5(a)(iv) over (ii) represent Additional the Servicing Compensation. The Indenture Trustee may conclusively rely on such written directionFees for the immediately preceding Collection Period.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Compucredit Corp)

Collection Account. The Issuer hereby directs (a) On or prior to the Effective ------------------- Date, the Borrower shall establish and the Indenture Trustee hereby agrees maintain, or cause to continue to maintain an account (the “Collection Account”) be established and maintained, for the sole and exclusive benefit of the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee Deal Agent on behalf of the Noteholders shall possess all rightCollateral Agent, title the Deal Agent and interest in all funds on deposit from time to time in EagleFunding, and their respective assigns, a cash collateral account (the "Collection Account and in all proceeds thereofAccount"). The Collection ------------------- Account shall be a special purpose segregated account, designated as the "EagleFunding Deal Agent Collection Account", maintained either (i) with BKB or a Depository Institution which is an Eligible Depository Institution, or (ii) in a segregated trust account in the trust department of a Depository Institution, and shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear of, and in the Trust Estatename of, the Deal Agent, acting on behalf of itself, the Collateral Agent and EagleFunding. If, at any time, In the event that the Collection Account Bank ceases to be an Eligible Bank Accountsatisfy the requirements set forth in clause (i) above, and such funds therein are not immediately thereafter transferred to a segregated trust account as provided in clause (ii) above, the Indenture Trustee Deal Agent shall within two Business Days establish be entitled to terminate the Collection Account and the related Collection Account Agreement, and transfer all funds and investments held therein to a new Collection Account which shall be at an Eligible Bank AccountDepository Institution, transfer any cash and/or any investments subject to such a new Collection Account Agreement in form and substance satisfactory to the Deal Agent. All funds held in the Collection Account, and from including investment earnings thereon, may be invested in Permitted Investments at the date such new direction of the Servicer; provided, however, that the Deal Agent shall have the sole right, -------- ------- upon written notice to the Collection Account is establishedBank, it shall be to restrict the “Collection Account”. The Indenture Trustee agrees to immediately deposit maturities of any amounts received by it into Permitted Investments held in the Collection AccountAccount and to direct the withdrawal or liquidation of any such Permitted Investments, to be used solely for the purposes and in the order of priority set forth at Section 7.06(d). Amounts on deposit in --------------- The taxpayer identification number associated with the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction that of the ServicerBorrower and the Borrower will report for federal, shall withdraw (no more than once per calendar week) from state and local income tax purposes the Collection Account and return to the Servicer or as directed by the Servicerincome, any amounts which (i) were mistakenly deposited if any, earned on funds in the Collection Account. The Deal Agent shall have the sole and exclusive right to withdraw or order a transfer of funds from the Collection Account, in all events in accordance with the terms and provisions of this Section 7.06 and the ------------- information most recently delivered to the Deal Agent pursuant to Section 6.01; ------------ provided, however, that the Deal Agent shall, pursuant to the terms of the -------- ------- Collection Account Agreement, and absent further instructions to the Collection Account Bank to the contrary from the Deal Agent (which instructions the Deal Agent may give at any time), permit the Servicer to make withdrawals or order transfers of funds from the Collection Account, in all events in accordance with the provisions of this Section 7.06 and the information most recently delivered ------------ pursuant to Section 6.01. In addition, notwithstanding anything in the foregoing ------------ to the contrary, the Servicer shall be entitled on a daily basis (absent further instructions to the Collection Account Bank to the contrary from the Deal Agent (which instructions the Deal Agent may give at any time)) to direct the Collection Account Bank to make withdrawals or order transfers of funds from the Collection Account, to the extent such funds either (i) have been mistakenly deposited into the Collection Account (including, without limitation, amounts funds representing Misdirected Payments and Assessments or dues payable by Obligors to property owners' associations or other entities), or (ii) represent Additional Servicing Compensationrelate to items subsequently returned for insufficient funds or as a result of stop payments. The Indenture Trustee In the case of any withdrawal or transfer pursuant to the foregoing sentence, the Servicer shall provide the Deal Agent with notice of such withdrawal or transfer, together with reasonable supporting details, on the next Settlement Report to be delivered by the Servicer following the date of such withdrawal or transfer (or in such earlier written notice as may conclusively rely be requested by the Deal Agent from the Servicer from time to time). Notwithstanding anything herein to the contrary, the Deal Agent shall be entitled on such written directiona daily basis to direct the Collection Account Bank to make withdrawals or order transfers of funds from the Collection Account, in the amount of all reasonable and appropriate out-of-pocket costs and expenses incurred by the Deal Agent in connection with any misdirected funds described in clause (i) of the second foregoing sentence, which costs and expenses shall constitute Obligations hereunder.

Appears in 1 contract

Samples: Credit Agreement (Fairfield Communities Inc)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees shall cause to continue to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Diamond Resorts Owner Trust I, Timeshare Loan2013-Backed VFN Notes, Series I — 2 -- Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.01(l), establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 3.01 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 3.04 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from All investment earnings on the Collection Account and return shall be distributed to the Servicer or as directed by owners of the Servicer, any amounts which (i) were mistakenly deposited beneficial interests in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely Issuer on such written directioneach Payment Date.

Appears in 1 contract

Samples: Indenture (Diamond Resorts International, Inc.)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees shall cause to continue to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Diamond Resorts Owner Trust I, Timeshare Loan2013-Backed VFN Notes, Series I — 1 -- Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(l), establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 3.01 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 3.04 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from All investment earnings on the Collection Account and return shall be distributed to the Servicer or as directed by owners of the Servicer, any amounts which (i) were mistakenly deposited beneficial interests in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely Issuer on such written directioneach Payment Date.

Appears in 1 contract

Samples: Indenture (Diamond Resorts Corp)

Collection Account. The Issuer hereby directs Borrower shall ensure that all collections of Receivables (including, without limitation, all scheduled payments, all prepayments, all overdue payments, all insurance proceeds, recoveries and all cash receipts and proceeds in respect of the underlying automobile securing the Receivables), all other amounts remitted by any Account Debtor, an insurer, any other Person making a payment on a Receivable or in connection with proceeds of the underlying automobile securing such Receivable, and the Indenture Trustee hereby agrees to continue to maintain an account proceeds of all other Collateral are deposited into the Collection Account within one (1) Business Day of receipt thereof. Until such time as any Receivables collections or other proceeds of Collateral are deposited by the Borrower into the Collection Account”) , such collections and proceeds shall be held in trust for the benefit of the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereofAdministrative Agent. The Collection Account shall be under swept automatically on a weekly basis and the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, depository bank maintaining the Collection Account ceases to be an Eligible Bank Accountwill wire, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Accountor otherwise transfer, transfer any cash and/or any investments to such new Collection Accountin immediately available funds, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts all funds received by it or deposited into the Collection AccountAccount (other than $300 or such other nominal amount in each account which the depository bank may require to be held as a compensating balance) to such bank account as Administrative Agent may from time to time designate for such purpose. Amounts Each Borrower hereby confirms and agrees that all amounts deposited in the Collection Account and any other funds received and collected by Administrative Agent, whether as proceeds of Collateral or otherwise, shall constitute Collateral. Notwithstanding and without limiting any other provision of this Agreement or any of the other Loan Documents, Administrative Agent shall apply, on deposit a daily basis, all funds transferred into the Collection Account and this Section 3.9 as set forth in Section 2.9 hereof. If a credit balance exists with respect to the Collection Account as the result of collections of Receivables or proceeds of other Collateral pursuant to the terms and conditions of this Section 3.9, such credit balance shall not accrue interest in favor of the Borrower, but shall be available to Borrower in accordance with the terms of this Agreement. All funds transferred to the Collection Account shall be applied to reduce the Indebtedness (or be returned to an Operating Account of the Borrowers in accordance with Section 2.5 hereof), but, for purposes of calculating interest hereunder, shall be subject to a four (4) Business Day clearance period. All items deposited in the Collection Account shall be invested in accordance with Section 3.1 hereofsubject to final payment. Withdrawals and payments from If any such item is returned uncollected, the Collection Account Borrowers will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereofimmediately pay the Administrative Agent, as applicable. The Indenture Trustee, at for the written direction account of the ServicerLender Parties, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Serviceror, any amounts which (i) were mistakenly for items deposited in the Collection Account, includingthe bank maintaining such account, without limitationthe amount of that item, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensationor such bank at its discretion may charge any uncollected item to the Borrower’s commercial account or other account. The Indenture Trustee may conclusively rely Borrowers shall be liable as an endorser on all items deposited in the Collection Account, whether or not in fact endorsed by a Borrower. Upon Administrative Agent’s request any time following the occurrence of an Event of Default, Borrowers agree to establish and maintain a Lockbox with a bank acceptable to Administrative Agent and to execute with such written directionbank a Lockbox Agreement acceptable to Lender in its sole discretion. Thereafter, Borrowers shall ensure that all collections of Receivables and the proceeds of other Collateral are paid directly by the Account Debtors to the Lockbox and to the extent that any Receivables collections or other proceeds of Collateral are not sent directly to the Lockbox but are received by a Borrower, such collections and proceeds shall be held in trust for the benefit of Administrative Agent and within one (1) Business Day of receipt thereof shall be remitted via overnight mail to the Administrative Agent for deposit, in the form received, to the Lockbox.

Appears in 1 contract

Samples: Loan and Security Agreement (Carbiz Inc)

Collection Account. The Issuer hereby directs shall cause to be established and the Indenture Trustee hereby agrees to continue to shall maintain an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare PFS Tax Lien Trust I, Timeshare Loan2014-Backed VFN Notes, Series I — 1 – Collection Account, U.S. Bank National AssociationCitibank, N.A. as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.01(m), establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee acting at the direction or with the consent of the Noteholder Majority) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Misdirected Deposits, including funds received and deposited into the Collection Account that relate to Texas Tax Liens the Depositor or the Seller has repurchased or replaced shall not be part of Available Funds and the Indenture Trustee shall remit such funds to the Depositor or the Seller as directed by the Servicer. On each Payment Date, any funds in the Collection Account that relate to Texas tax liens that are not owned by the Issuer (as notified by the Servicer to the Indenture Trustee in writing) shall be remitted from the Collection Account by the Indenture Trustee to Propel, prior to application of any funds in the Collection Account on such Payment Date pursuant to the Priority of Payments. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 3.01 hereof. Withdrawals and payments from the Collection Account will shall be made on each Payment Date as provided in Section 3.4 or Section 6.6 3.03 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from All investment earnings on the Collection Account and return shall be distributed on each Payment Date pursuant to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written directionPriority of Payments.

Appears in 1 contract

Samples: Encore Capital Group Inc

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Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust ILegacy 2010 LLC, Timeshare Loan-Backed VFN Notes, Series I 2010 — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account (which, if not maintained by the Indenture Trustee, is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments Deposits. On each Payment Date, the Indenture Trustee, at the written direction of the Servicer, shall withdraw from the Collection Account and (ii) return to the Servicer or as directed by the Servicer, any amounts which represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written directiondirections.

Appears in 1 contract

Samples: Bluegreen Corp

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Receivables Note Trust I2008-A, Timeshare Loan-Backed VFN Notes, Series I 2008-A — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Bluegreen Corp

Collection Account. The Issuer hereby directs (a) In accordance with this Agreement and the Indenture Account Control Agreement, the Trustee hereby agrees shall, on or prior to continue the Closing Date, establish at the Custodian a single, segregated trust account in the name “NewStar Commercial Loan Funding 2012-1 LLC Collection Account, subject to maintain an account (the lien of the Trustee”, which shall be designated as the “Collection Account”) for , which shall be maintained with the benefit Custodian in accordance with the Account Control Agreement and which shall be subject to the lien of the NoteholdersTrustee. The Collection Account is an Eligible Bank Account initially established at In addition, the corporate trust department of Trustee shall establish two segregated subaccounts within the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for one of which will be designated the benefit “Interest Collection Subaccount” and one of which will be designated the Noteholders“Principal Collection Subaccount”. The Indenture Trustee on behalf of shall from time to time deposit into the Noteholders Interest Collection Subaccount, in addition to the deposits required pursuant to Section 8.05(a), immediately upon receipt thereof all Interest Proceeds received by the Trustee. The Trustee shall possess deposit immediately upon receipt thereof all rightother amounts remitted to the Collection Account into the Principal Collection Subaccount including, title and interest in addition to the deposits required pursuant to Section 8.05(a), all funds on deposit Principal Proceeds (unless, as directed by the Collateral Servicer, simultaneously reinvested in additional Collateral Loans in accordance with Article X or in Eligible Investments or required to be deposited in the Future Funding Reserve Account pursuant to Section 8.04) received by the Trustee. All Monies deposited from time to time in the Collection Account and in all proceeds thereof. The Collection Account pursuant to this Agreement shall be under held by the sole dominion and control Trustee as part of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which Collateral and shall be an Eligible Bank Account, transfer any cash and/or any investments applied to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”purposes herein provided. The Indenture Trustee agrees to immediately deposit any All amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with reinvested pursuant to Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction8.05(a).

Appears in 1 contract

Samples: Credit and Security Agreement (NewStar Financial, Inc.)

Collection Account. The Issuer hereby directs Transferor shall establish and the Indenture Trustee hereby agrees to continue to maintain an account Eligible Account (the “Collection Account”) for receiving and disbursing amounts in accordance with Section 2.8. The Servicer shall advise the benefit Administrative Agent in writing of the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department location of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under used only for the sole dominion and control collection of the Indenture Trustee amounts and for application of such amounts as described in Section 2.8. The Collection Account will be governed by the benefit Control Agreement pursuant to which the Administrative Agent shall have Control pursuant to the terms of the Noteholders as their interests appear in the Trust EstateControl Agreement. If, at any time, If the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee Servicer shall within two ten (10) Business Days establish a new of receipt of notice of such change in eligibility transfer the property credited to the Collection Account which shall be to an account meeting the requirements of an Eligible Bank Account, transfer any cash and/or any investments which is established pursuant to such new Collection Accounta substitute Control Agreement, and from as to which the date such new Administrative Agent shall have Control. The Servicer shall promptly notify the Administrative Agent of the establishment of a replacement Collection Account is establishedand shall provide the Administrative Agent with such information with respect thereto as the Administrative Agent may reasonably request. To the extent of its interest therein (if any), it shall be the “Collection Account”. The Indenture Trustee agrees Servicer hereby grants to immediately deposit any amounts received by it into the Administrative Agent (for the benefit of the Owners) a security interest in all of the Servicer’s right, title and interest in the Collection Account. Amounts Account and all amounts from time to time credited to the Collection Account (including, without limitation, interest, cash and other property from time to time received, receivable or otherwise distributed in respect of or in connection with amounts on deposit in the Collection Account). In the event there shall have been deposited in the Collection Account any amount not required to be deposited therein and so identified to the Administrative Agent, such amount shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments withdrawn from the Collection Account will Account, any provision herein to the contrary notwithstanding, and any such amounts shall not be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction deemed to be a part of the Servicer, shall withdraw (no more than once per calendar week) from Collection Account. All amounts deposited in the Collection Account and return to shall remain in a deposit account maintained at the Servicer or as directed by the ServicerAccount Bank. On each Payment Date, any amounts which (i) were mistakenly deposited all interest received on funds on deposit in the Collection Account, includingif any, without limitation, amounts representing Misdirected Payments shall be deposited into the Collection Account and (ii) represent Additional Servicing Compensationshall be deemed to constitute a portion of the Total Distribution Amount. The Indenture Trustee may conclusively rely Servicer and the Transferor agree to take all actions reasonably necessary, including the filing of appropriate financing statements and the giving of proper registration instructions relating to any investments, to protect the Administrative Agent’s interest (on behalf of the Owners) in the Collection Account and any moneys therein and to enable the Administrative Agent to enforce its rights (on behalf of the Owners) under the Control Agreement(s) relating to the Collection Account. Following a Servicer Default or Termination Event, the Administrative Agent may, or shall at the direction of the Required Owners, deliver a “shifting control notice” to the depositary bank at which the Collection Account is maintained, upon receipt of which notice, such written direction.depositary bank will follow the direction of the Administrative Agent as to application of Collections in such Collection Account. -122- 00000000 T-Mobile (EIP) Third A&R RPAA NJ 231109207v1 736153181 19632398

Appears in 1 contract

Samples: Receivables Purchase and Administration Agreement (T-Mobile US, Inc.)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the "Collection Account") for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation "BXG Timeshare Receivables Note Trust I2006-B, Timeshare Loan-Backed VFN Notes, Series I — 2006-B -- Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders". The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the "Collection Account". The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Collection Account. The Issuer hereby directs Cash Manager, acting on behalf of the Security Trustee, shall establish and maintain at the Indenture Operating Bank in the name of the Security Trustee hereby agrees (or in the name of an Eligible Institution designated in writing by the Security Trustee to continue to maintain an the Operating Bank), a trust account (the "Collection Account”) "). The Collection Account shall bear a designation clearly indicating that the funds deposited therein are held for the benefit of the NoteholdersSecured Parties. The Collection Account is an Eligible Bank Account initially established at All Collections received by the corporate trust department of Issuer and the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders Issuer Subsidiaries shall possess all right, title and interest in all funds on deposit from time to time be deposited in the Collection Account and transferred therefrom in accordance with the terms of this Indenture. If the balance of funds on deposit in the Collection Account, together with the amount available for drawing under any Eligible Credit Facilities, falls below the Liquidity Reserve Amount at any time (including as a result of any increase in the Liquidity Reserve Amount), the Issuer may continue to make all proceeds payments, including required payments on the AerCo Group Notes and any Guarantees, which rank prior to, or pari passu with, payments of Minimum Principal Payment Amounts on the AerCo Group Class D Notes pursuant to Section 3.08(a) hereof and any Permitted Accruals other than in respect of Modification Payments; provided that the balance of funds in the Collection Account, together with the amount available for drawing under any Eligible Credit Facilities does not fall below the Minimum Liquidity Reserve Amount at its then current level; provided further, however, that the balance of funds in the Collection Account, together with the amount available for drawing under any Eligible Credit Facilities, may fall below the Minimum Liquidity Reserve Amount at its then current level, and the Issuer may continue to make all payments, including required payments on AerCo Group Notes and any Guarantees, in order to pay accrued and unpaid interest on, and, on the applicable Final Maturity Date thereof, principal of, the Senior Class then Outstanding to avoid an Event of Default, in each case subject to the order of priorities under Section 3.08 hereof. The Collection Account Security Trustee shall be under the have sole dominion and control over the Collection Account and all investments made through and/or maintained in the Collection Account, including authority to direct withdrawals from or transfers among the Collection Account and each other Account. Amounts may be withdrawn or transferred from the Collection Account only in accordance with the provisions of this Indenture, any Guarantor Indenture and the Cash Management Agreement by authorized officers or employees of the Indenture Security Trustee for or agents authorized by the benefit of Security Trustee in writing (including the Noteholders as their interests appear in Cash Manager and any authorized agent thereof pursuant to the Trust EstateCash Management Agreement). If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall Cash Manager or an agent thereof shall, within two 10 Business Days Days, establish a new Collection Account which shall be an Eligible Bank Account, collection account meeting the conditions set forth in this Section 3.01(b) and transfer any cash and/or any or investments in the existing Collection Account to such new Collection Account, collection account; and from the date such new Collection Account collection account is established, it shall be the "Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction".

Appears in 1 contract

Samples: Indenture (Aerco LTD)

Collection Account. The Issuer hereby directs directs, and the Indenture Trustee hereby agrees agrees, to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture TrusteeTrustee or an Affiliate thereof, bearing the following designation “BXG Timeshare Receivables Note Trust I2023-A, Timeshare Loan-Backed VFN Notes, Series I 2023-A — Collection Account, U.S. Bank Trust Company, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(i) hereof, establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately promptly deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and Deposits or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.. KL2 3337076.6

Appears in 1 contract

Samples: Indenture (Bluegreen Vacations Holding Corp)

Collection Account. The Issuer hereby directs Transferor shall establish and the Indenture Trustee hereby agrees to continue to maintain an account Eligible Account (the “Collection Account”) for receiving and disbursing amounts in accordance with Section 2.8. The Servicer shall advise the benefit Administrative Agent in writing of the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department location of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under used only for the sole dominion and control collection of the Indenture Trustee amounts and for application of such amounts as described in Section 2.8. The Collection Account will be governed by the benefit Control Agreement pursuant to which the Administrative Agent shall have Control pursuant to the terms of the Noteholders as their interests appear in the Trust EstateControl Agreement. If, at any time, If the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee Servicer shall within two ten (10) Business Days establish a new of receipt of notice of such change in eligibility transfer the property credited to the Collection Account which shall be to an account meeting the requirements of an Eligible Bank Account, transfer any cash and/or any investments which is established pursuant to such new Collection Accounta substitute Control Agreement, and from as to which the date such new Administrative Agent shall have Control. The Servicer shall promptly notify the Administrative Agent of the establishment of a replacement Collection Account is establishedand shall provide the Administrative Agent with such information with respect thereto as the Administrative Agent may reasonably request. To the extent of its interest therein (if any), it shall be the “Collection Account”. The Indenture Trustee agrees Servicer hereby grants to immediately deposit any amounts received by it into the Administrative Agent (for the benefit of the Owners) a security interest in all of the Servicer’s right, title and interest in the Collection Account. Amounts Account and all amounts from time to time credited to the Collection Account (including, without limitation, interest, cash and other property from time to time received, receivable or otherwise distributed in respect of or in connection with amounts on deposit in the Collection Account). In the event there shall have been deposited in the Collection Account any amount not required to be deposited therein and so identified to the Administrative Agent, such amount shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments withdrawn from the Collection Account will 736942168 19632398738387080 Account, any provision herein to the contrary notwithstanding, and any such amounts shall not be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction deemed to be a part of the Servicer, shall withdraw (no more than once per calendar week) from Collection Account. All amounts deposited in the Collection Account and return to shall remain in a deposit account maintained at the Servicer or as directed by the ServicerAccount Bank. On each Payment Date, any amounts which (i) were mistakenly deposited all interest received on funds on deposit in the Collection Account, includingif any, without limitation, amounts representing Misdirected Payments shall be deposited into the Collection Account and (ii) represent Additional Servicing Compensationshall be deemed to constitute a portion of the Total Distribution Amount. The Indenture Trustee may conclusively rely Servicer and the Transferor agree to take all actions reasonably necessary, including the filing of appropriate financing statements and the giving of proper registration instructions relating to any investments, to protect the Administrative Agent’s interest (on behalf of the Owners) in the Collection Account and any moneys therein and to enable the Administrative Agent to enforce its rights (on behalf of the Owners) under the Control Agreement(s) relating to the Collection Account. Following a Servicer Default or Termination Event, the Administrative Agent may, or shall at the direction of the Required Owners, deliver a “shifting control notice” to the depositary bank at which the Collection Account is maintained, upon receipt of which notice, such written directiondepositary bank will follow the direction of the Administrative Agent as to application of Collections in such Collection Account.

Appears in 1 contract

Samples: Receivables Purchase and Administration Agreement (T-Mobile US, Inc.)

Collection Account. The Issuer hereby directs Transferor shall establish and the Indenture Trustee hereby agrees to continue to maintain an account Eligible Account (the “Collection Account”) for receiving and disbursing amounts in accordance with Section 2.8. The Servicer shall advise the benefit Administrative Agent in writing of the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department location of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under used only for the sole dominion and control collection of the Indenture Trustee amounts and for application of such amounts as described in Section 2.8. The Collection Account will be governed by the benefit Control Agreement pursuant to which the Administrative Agent shall have Control pursuant to the terms of the Noteholders as their interests appear in the Trust EstateControl Agreement. If, at any time, If the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee Servicer shall within two ten (10) Business Days establish a new of receipt of notice of such change in eligibility transfer the property credited to the Collection Account which shall be to an account meeting the requirements of an Eligible Bank Account, transfer any cash and/or any investments which is established pursuant to such new Collection Accounta substitute Control Agreement, and from as to which the date such new Administrative Agent shall have Control. The Servicer shall promptly notify the Administrative Agent of the establishment of a replacement Collection Account is establishedand shall provide the Administrative Agent with such information with respect thereto as the Administrative Agent may reasonably request. To the extent of its interest therein (if any), it shall be the “Collection Account”. The Indenture Trustee agrees Servicer hereby grants to immediately deposit any amounts received by it into the Administrative Agent (for the benefit of the Owners) a security interest in all of the Servicer’s right, title and interest in the Collection Account. Amounts Account and all amounts from time to time credited to the Collection Account (including, without limitation, interest, cash and other property from time to time received, receivable or otherwise distributed in respect of or in connection with amounts on deposit in the Collection Account). In the event there shall have been deposited in the Collection Account any amount not required to be deposited therein and so identified to the Administrative Agent, such amount shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments withdrawn from the Collection Account will Account, any provision herein to the contrary notwithstanding, and any such amounts shall not be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction deemed to be a part of the Servicer, shall withdraw (no more than once per calendar week) from Collection Account. All amounts deposited in the Collection Account and return to shall remain in a deposit account maintained at the Servicer or as directed by the ServicerAccount Bank. On each Payment Date, any amounts which (i) were mistakenly deposited all interest received on funds on 740293053.3 21668437 deposit in the Collection Account, includingif any, without limitation, amounts representing Misdirected Payments shall be deposited into the Collection Account and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written directionshall be deemed to constitute a portion of the Total Distribution Amount.

Appears in 1 contract

Samples: Master Receivables Purchase Agreement (T-Mobile US, Inc.)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Silverleaf Timeshare Loan-Backed VFN Notes, Series I — Collection 2010-C¯Collection Account, U.S. Bank Wxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two (2) Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited by the Lockbox Bank in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Silverleaf Resorts Inc

Collection Account. (i) The Issuer hereby directs and the Indenture Trustee hereby agrees has caused to continue be established and shall cause to maintain be maintained an account (the “Collection Account”) for the benefit of the NoteholdersSecured Parties. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Diamond Resorts Issuer 2008 LLC -- Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the NoteholdersSecured Parties”. The Indenture Trustee on behalf of the Noteholders Secured Parties shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders Secured Parties as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(l), establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee and the Administrative Agent) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section Sections 3.3, 3.4 or Section and 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.KL2 2878899.10

Appears in 1 contract

Samples: Indenture (Diamond Resorts International, Inc.)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees shall cause to continue to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Diamond Resorts Owner Trust I, Timeshare Loan2015-Backed VFN Notes, Series I — 2 -- Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.01(l) hereof, establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 3.01 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 3.04 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from All investment earnings on the Collection Account and return shall be distributed to the Servicer or as directed by owners of the Servicer, any amounts which (i) were mistakenly deposited beneficial interests in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely Issuer on such written directioneach Payment Date.

Appears in 1 contract

Samples: Diamond Resorts International, Inc.

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees shall cause to continue to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Diamond Resorts Owner Trust I, Timeshare Loan2011-Backed VFN Notes, Series I — 1 -- Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 3.01 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 3.04 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from All investment earnings on the Collection Account and return shall be distributed to the Servicer or as directed by owners of the Servicer, any amounts which (i) were mistakenly deposited beneficial interests in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely Issuer on such written directioneach Payment Date.

Appears in 1 contract

Samples: Indenture (Diamond Resorts Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees has caused to continue be established and shall cause to maintain be maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Marriott Vacations Worldwide Owner Trust I, Timeshare Loan2011-Backed VFN Notes, Series I 1 — Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 3.01 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 3.04 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from All investment earnings on the Collection Account and return shall be distributed to the Servicer or as directed by Owner Trustee for distribution to the Servicer, any amounts which (i) were mistakenly deposited owners of the beneficial interests in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely Issuer on such written directioneach Payment Date.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Marriott Vacations Worldwide Corp)

Collection Account. The Noteholder and Note Issuer hereby directs direct and the Indenture Trustee hereby Collateral Agent xxxxxx agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the NoteholdersNoteholder. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture TrusteeCollateral Agent, bearing the following designation “BXG Timeshare Trust IStratstone/Bluegreen Secured Income Fund, Timeshare Loan-Backed VFN Notes, Series I — LLC – Collection Account, U.S. Bank National Association, as Indenture Trustee Collateral Agent for the benefit of the NoteholdersNoteholder”. The Indenture Trustee Collateral Agent on behalf of the Noteholders Noteholder shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee Collateral Agent for the benefit of the Noteholders as their interests appear in the Trust EstateNoteholder. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee Collateral Agent shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee Collateral Agent agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture TrusteeCollateral Agent, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and or (ii) represent representing Additional Servicing Compensation. The Indenture Trustee Collateral Agent may conclusively rely on such written direction.

Appears in 1 contract

Samples: Note Purchase Agreement (Stratstone/Bluegreen Secured Income Fund, LLC)

Collection Account. (i) The Issuer hereby directs and the Indenture Trustee hereby agrees has caused to continue be established and shall cause to maintain be maintained an account (the “Collection Account”) for the benefit of the NoteholdersSecured Parties. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Diamond Resorts Issuer 2008 LLC -- Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the NoteholdersSecured Parties”. The Indenture Trustee on behalf of the Noteholders Secured Parties shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders Secured Parties as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(l), establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee and the Administrative Agent) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section Sections 3.3, 3.4 or Section and 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Diamond Resorts International, Inc.)

Collection Account. The Issuer hereby directs shall establish with the Trustee and the Indenture Trustee hereby agrees to continue to shall maintain an a segregated trust account (the "Collection Account") for which shall be in the benefit name of the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, Trustee "as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee trustee on behalf of the Noteholders Holders of the 7.93% IP Holdings LLC Asset-Backed Notes," and which shall possess all rightbe in an Eligible Financial Institution, title for the receipt of, and interest in all funds on deposit from time there shall be deposited into the Collection Account, payments to time in be deposited therein as provided herein. If the bank with which the Collection Account is maintained ceases to be an Eligible Financial Institution, the Trustee shall transfer the Collection Account to an account maintained with an Eligible Financial Institution selected by the Issuer (unless an Event of Default shall have occurred and not been waived, in all proceeds thereofwhich case, such Eligible Financial Institution shall be selected by the Trustee). The Collection Account shall relate solely to the transactions contemplated in this Indenture, and funds in such account shall not be under commingled with any other monies. All payments to be made from time to time by the sole dominion and control of the Indenture Trustee for the benefit of to the Noteholders as their interests appear out of funds in the Trust Estate. If, at any time, the Collection Account ceases pursuant to be an Eligible Bank Account, the this Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from made by the date such new Collection Account is established, it shall be the “Collection Account”Trustee as paying agent. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts Funds on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, Eligible Investments at the written direction of the ServicerIssuer. The maximum permissible maturity or, shall withdraw (no more than once per calendar week) from if applicable, the latest redemption date of any Eligible Investments made with amounts on deposit in the Collection Account and return shall be not later than the Business Day preceding the next succeeding Payment Date or a Redemption Date, as applicable. All monies deposited from time to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited time in the Collection AccountAccount pursuant to this Indenture shall be held by the Trustee as part of the related Collateral as herein provided. Monies in the Collection Account shall be subject to withdrawals pursuant to this Indenture, including, without limitation, amounts representing Misdirected Payments including Section 13.1 and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.Section 10.3

Appears in 1 contract

Samples: Indenture (Candies Inc)

Collection Account. The Issuer hereby directs shall establish with the Trustee and the Indenture Trustee hereby agrees to continue to shall maintain an a segregated trust account (the "Collection Account") for which shall be in the benefit name of the Noteholders. The Collection Account is an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, Trustee "as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee trustee on behalf of the Noteholders Holders of the IP Holdings LLC Asset-Backed Notes," and which shall possess all rightbe in an Eligible Financial Institution, title for the receipt of, and interest in all funds on deposit from time there shall be deposited into the Collection Account, payments to time in be deposited therein as provided herein. If the bank with which the Collection Account is maintained ceases to be an Eligible Financial Institution, the Trustee shall transfer the Collection Account to an account maintained with an Eligible Financial Institution selected by the Issuer (unless an Event of Default shall have occurred and not been waived, in all proceeds thereofwhich case, such Eligible Financial Institution shall be selected by the Trustee). The Collection Account shall relate solely to the transactions contemplated in this Indenture, and funds in such account shall not be under commingled with any other monies. All payments to be made from time to time by the sole dominion and control of the Indenture Trustee for the benefit of to the Noteholders as their interests appear out of funds in the Trust Estate. If, at any time, the Collection Account ceases pursuant to be an Eligible Bank Account, the this Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from made by the date such new Collection Account is established, it shall be the “Collection Account”Trustee as Paying Agent. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts Funds on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, Eligible Investments at the written direction of the ServicerIssuer. The maximum permissible maturity or, shall withdraw (no more than once per calendar week) from if applicable, the latest redemption date of any Eligible Investments made with amounts on deposit in the Collection Account and return shall be not later than the Business Day preceding the next succeeding Payment Date or a Redemption Date, as applicable. All monies deposited from time to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited time in the Collection AccountAccount pursuant to this Indenture shall be held by the Trustee as part of the related Collateral as herein provided. Monies in the Collection Account shall be subject to withdrawals pursuant to this Indenture, including, without limitation, amounts representing Misdirected Payments including Section 13.1 and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.Section 10.3

Appears in 1 contract

Samples: Indenture (Iconix Brand Group, Inc.)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Silverleaf Timeshare Loan-Backed VFN Notes, Series I 2005-A — Collection Account, U.S. Wxxxx Fargo Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust EstateCollateral. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two (2) Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i1) were mistakenly deposited by the Lockbox Bank in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Silverleaf Resorts Inc)

Collection Account. The Issuer hereby directs Obligors have established at Harris Trust and Savings Baxx Xxxount No. 179-856-0 for the purposes xx xxxxxxting revenues from the operation of the Business or sale of Collateral (other than as required by Section 2.4 hereof) (hereinafter, the "Existing Collection Account"). The Obligors shall cause to the extent not currently in place, in a manner satisfactory to the Lenders, the Existing Collection Account to be subject to the lien and security interest of the Collateral Agent and the Indenture Trustee hereby agrees Lenders or cause the balance of the Existing Collection Account to be transferred to one or more new accounts (hereinafter, the "New Collection Accounts" and collectively with the Existing Collection Account which may continue to maintain an account (hereunder, the "Collection Account") for at Harris as Collateral Agent, xx xxy other banks approved by Harris as Collateral Agent (xxxxxctively with the benefit institutions holding the Collection Accounts as any may continue hereunder, the "Collection Account Bank"), under terms and conditions satisfactory to Harris as Collateral Agent. Xxx xurposes of this Agreement, the use of the Noteholdersdefined terms Collection Account and Collection Account Bank, when stated in the singular, shall also include the plural of such terms. The Collection Account is an Eligible Bank and shall be entitled "Collection Account initially established at for, and Subject to the corporate trust department security interests of, Harris as Collateral Agent." Xxxxect to Section 2.4 hereof, the Obligors will deposit, on a daily basis, all cash or cash equivalent items generated from the operation of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit Business and collection of the Noteholders”. The Indenture Trustee on behalf accounts receivable or sale of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it Collateral into the Collection Account. Amounts on deposit Contemporaneously with the establishment of a Collection Account, the Obligors shall deliver a letter within three (3) days of the date thereof to the Collateral Agent (which letter has been acknowledged in writing by the Collection Account shall be invested Bank) in accordance with Section 3.1 hereof. Withdrawals form and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return substance reasonably acceptable to the Servicer or as directed by Collateral Agent containing the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.following:

Appears in 1 contract

Samples: Cash Collateral Use Agreement (Atchison Casting Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Receivables Note Trust I2013-A, Timeshare Loan-Backed VFN Notes, Series I 2013-A — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(i), establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and Deposits or (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (BBX Capital Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees shall cause to continue to maintain be established and maintained an account (the “Collection Account”) for the benefit of the NoteholdersSecured Parties. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Sunterra Owner Trust I, Timeshare Loan2004-Backed VFN Notes, Series I 1 — Collection Account, U.S. Bank Wxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. Secured Parties.” The Indenture Trustee on behalf of the Noteholders Secured Parties shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders Secured Parties as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two (2) Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately promptly deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Sunterra Corp)

Collection Account. The Issuer hereby directs and the Indenture Trustee hereby agrees to continue cause to maintain be established and maintained an account (the “Collection Account”) for the benefit of the Noteholders. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Silverleaf Timeshare Loan-Backed VFN Notes, Series I — Collection 2006-A―Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust EstateCollateral. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two (2) Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i1) were mistakenly deposited by the Lockbox Bank in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Silverleaf Resorts Inc)

Collection Account. (i) The Issuer hereby directs and the Indenture Trustee hereby agrees has caused to continue be established and shall cause to maintain be maintained an account (the “Collection Account”) for the benefit of the NoteholdersSecured Parties. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Diamond Resorts Issuer 2008 LLC -- Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the NoteholdersSecured Parties”. The Indenture Trustee on behalf of the Noteholders Secured Parties shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders Secured Parties as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days shall, in accordance with Section 3.1(l), establish a new Collection Account (which if not maintained by the Indenture Trustee is subject to an account control agreement satisfactory to the Indenture Trustee and the Administrative Agent) which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section Sections 3.3, 3.4 or Section 6.6 and 6.0 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Diamond Resorts Corp)

Collection Account. (i) The Issuer hereby directs and the Indenture Trustee hereby agrees has caused to continue be established and shall cause to maintain be maintained an account (the “Collection Account”) for the benefit of the NoteholdersSecured Parties. The Collection Account is shall be an Eligible Bank Account initially established at the corporate trust department Corporate Trust Office of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I Diamond Resorts Issuer 2008 LLC — Collection Account, U.S. Bank Xxxxx Fargo Bank, National Association, as Indenture Trustee for the benefit of the NoteholdersSecured Parties”. The Indenture Trustee on behalf of the Noteholders Secured Parties shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders Secured Parties as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, Account and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made on each Payment Date as provided in Section Sections 3.3, 3.4 or Section 6.6 and 6.0 hereof, as applicable. The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in the Collection Account, including, without limitation, amounts representing Misdirected Payments and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (Diamond Resorts Corp)

Collection Account. The Issuer hereby directs and the Paying Agent on behalf of the Indenture Trustee hereby agrees to continue to maintain an account (the “Collection Account”) for the benefit of the Noteholders. The Issuer and the Indenture Trustee represent that the Collection Account is an Eligible Bank Account initially established at the corporate trust department of the Paying Agent on behalf of the Indenture Trustee, bearing the following designation “BXG Timeshare Trust I, Timeshare Loan-Backed VFN Notes, Series I — Collection Account, U.S. Bank National Association, as Indenture Trustee for the benefit of the Noteholders”. The Indenture Trustee on behalf of the Noteholders shall possess all right, title and interest in all funds on deposit from time to time in the Collection Account and in all proceeds thereof. The Collection Account shall be under the sole dominion and control of the Indenture Trustee for the benefit of the Noteholders as their interests appear in the Trust Estate. If, at any time, the Collection Account ceases to be an Eligible Bank Account, the Indenture Trustee shall within two Business Days establish a new Collection Account which shall be an Eligible Bank Account, transfer any cash and/or any investments to such new Collection Account, and from the date such new Collection Account is established, it shall be the “Collection Account”. The Indenture Trustee agrees to immediately promptly deposit any amounts received by it into the Collection Account. Amounts on deposit in the Collection Account shall be invested in accordance with Section 3.1 hereof. Withdrawals and payments from the Collection Account will be made (x) on each Payment Date as provided in Section 3.4 or Section 6.6 hereof, as applicable, and (y) on the Business Day immediately following receipt by the Servicer, the Issuer and the Indenture Trustee no later than 2:00 P.M. New York City time of the written request, substantially in the form set forth in Exhibit I attached hereto, of a Conduit Purchaser, its related Funding Agent or Lord Securities Corporation, on its behalf, (with a copy to each other Purchaser and Funding Agent), to pay the interest cost of such Conduit Purchaser’s Allocated Commercial Paper or any portion thereof (the amount of such cost, the “Conduit Draw”) as set forth in such written request (and any payments under this clause (y) shall be treated as payments with respect to the Conduit Purchaser’s allocable share of the Interest Distribution Amount under Section 3.4 or Section 6.6 hereof, as applicable). The Indenture Trustee, at the written direction of the Servicer, shall withdraw (no more than once per calendar week) from the Collection Account and return to the Servicer or as directed by the Servicer, any amounts which (i) were mistakenly deposited in into the Collection Account, including, without limitation, amounts representing Misdirected Payments Deposits 15 and (ii) represent Additional Servicing Compensation. The Indenture Trustee may conclusively rely on such written direction.

Appears in 1 contract

Samples: Indenture (BBX Capital Corp)

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