Accumulation Account. (i) If, on any Distribution Date, principal would be payable to the Reset Rate Notes then bearing interest at a fixed rate (including, without limitation, the Reset Rate Notes that bears a fixed rate of interest during its respective initial Reset Period until and including the related Initial Reset Date), principal allocated to the Reset Rate Notes pursuant to Section 2.8(f) above will be deposited into the Accumulation Account. (ii) If the Reset Rate Notes are denominated in U.S. Dollars and bear interest at a fixed rate during the then-current Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and distribute (by 1:00 p.m. (New York time) on the related Distribution Date) such amounts to the Reset Rate Noteholders as of the immediately current Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. If the Reset Rate Notes are in Foreign Exchange Mode and bear interest at a fixed rate during the then-current Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and deliver such amounts to the related Cross-Currency Swap Counterparty or Cross-Currency Swap Counterparties in exchange for the amount of the applicable non-U.S. Dollar currency, determined using the exchange rate set forth in the related Swap Agreement, for payment to the Reset Rate Noteholders as of the immediately preceding Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. Amounts (less any Investment Earnings) on deposit in the Accumulation Account may be used only to pay principal on the Reset Rate Notes (or to the related Swap Counterparty or Counterparties) and for no other purpose. (iii) In the event that on any Distribution Date the amount (less any Investment Earnings) on deposit for the Reset Rate Notes in the Accumulation Account, including amounts deposited on that Distribution Date, would equal the Outstanding Amount of the Reset Rate Notes, then no additional amounts will be deposited into the Accumulation Account and all amounts therein, less any Investment Earnings, will be distributed on the next related Reset Date, pursuant to Section 2.10(c)(ii) above, and the Outstanding Amount of the Reset Rate Notes will be reduced to zero.
Appears in 3 contracts
Sources: Administration Agreement (SLM Funding LLC), Administration Agreement (SLM Funding LLC), Administration Agreement Supplement (SLM Funding LLC)
Accumulation Account. (i) If, on any Distribution Date, principal would be payable to the Reset Rate Notes then bearing interest at structured not to receive a fixed rate (including, without limitation, payment of principal until the Reset Rate Notes that bears a fixed rate end of interest during its respective initial Reset Period until and including the related Initial Reset Date)Period, principal allocated to the Reset Rate Notes pursuant to Section 2.8(f) above will be deposited into the Accumulation AccountAccount for those Reset Rate Notes.
(ii) If the Reset Rate Notes are denominated in U.S. Dollars and bear interest at a fixed rate are structured during the then-current Reset Period not to receive a payment of principal until the end of the related Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and distribute (by 1:00 p.m. (New York time) on the related Distribution Date) such amounts to the Reset Rate Noteholders as of the immediately current Record Date, pro rata, as a payment of principal as set forth in clause Section 2.8(f) above. If the Reset Rate Notes are in Foreign Exchange Mode and bear interest at a fixed rate are structured during the then-current Reset PeriodPeriod not to receive a payment of principal until the end of the related Reset Period and a Swap Agreement is in effect for those Notes, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and deliver such amounts to the related Cross-Currency Swap Counterparty or Cross-Currency Swap Counterparties in exchange for the amount of the applicable non-U.S. Dollar currency, determined using the exchange rate set forth in the related Swap Agreement, for payment to the Reset Rate Noteholders as of the immediately preceding Record Date, pro rata, as a payment of principal as set forth in clause Section 2.8(f) above. Amounts (less any Investment Earnings) on deposit in the Accumulation Account may be used only to pay principal on the Reset Rate Notes (or to the related Currency Swap Counterparty or Counterparties) and for no other purpose. If no Swap Agreement is in effect for those Reset Rate Notes, such payment shall be made as set forth in Section 2.7.
(iii) In the event that on any Distribution Date the amount (less any Investment Earnings) on deposit for the Reset Rate Notes in the Accumulation Account, including amounts deposited on that Distribution Date, would equal the Outstanding Amount of the Reset Rate Notes, then no additional amounts will be deposited into the Accumulation Account and all amounts therein, less any Investment Earnings, will be distributed on the next related Reset Date, pursuant to Section 2.10(c)(ii) above, and the Outstanding Amount of the that class of Reset Rate Notes will be reduced to zero.
Appears in 3 contracts
Sources: Administration Agreement (SLM Student Loan Trust 2005-5), Administration Agreement (SLM Student Loan Trust 2005-6), Administration Agreement (SLM Student Loan Trust 2005-8)
Accumulation Account. (i) If, on any Distribution Date, principal would be payable to the any Reset Rate Notes then bearing interest at structured not to receive a fixed rate (including, without limitation, payment of principal until the Reset Rate Notes that bears a fixed rate end of interest during its respective initial Reset Period until and including the related Initial Reset Date)Period, principal allocated to the that class of Reset Rate Notes pursuant to Section 2.8(f) above will be deposited into the related Accumulation AccountAccount for those Reset Rate Notes.
(ii) If the any class of Reset Rate Notes are is denominated in U.S. Dollars and bear interest at a fixed rate is structured during the then-current Reset Period not to receive a payment of principal until the end of the related Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the related Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and distribute (by 1:00 p.m. (New York time) on the related Distribution Date) such amounts to the related Reset Rate Noteholders as of the immediately current Record Date, pro rata, as a payment of principal as set forth in clause Section 2.8(f) above. If the any class of Reset Rate Notes are is in Foreign Exchange Mode and bear interest at a fixed rate is structured during the then-current Reset PeriodPeriod not to receive a payment of principal until the end of the related Reset Period and a Swap Agreement is in effect for those Notes, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the related Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and deliver such amounts to the related Cross-Currency Swap Counterparty or Cross-Currency Swap Counterparties in exchange for the amount of the applicable non-U.S. Dollar currency, determined using the exchange rate set forth in the related Swap Agreement, for payment to the related Reset Rate Noteholders as of the immediately preceding Record Date, pro rata, as a payment of principal as set forth in clause Section 2.8(f) above. Amounts (less any Investment Earnings) on deposit in the related Accumulation Account may be used only to pay principal on the related class of Reset Rate Notes (or to the related Currency Swap Counterparty or Counterparties) and for no other purpose. If no Swap Agreement is in effect for those Reset Rate Notes, such payment shall be made as set forth in Section 2.7.
(iii) In the event that on any Distribution Date the amount (less any Investment Earnings) on deposit for the any class of Reset Rate Notes in the related Accumulation Account, including amounts deposited on that Distribution Date, would equal the Outstanding Amount of the that class of Reset Rate Notes, then no additional amounts will be deposited into the related Accumulation Account and all amounts therein, less any Investment Earnings, will be distributed on the next related Reset Date, pursuant to Section 2.10(c)(ii) above, and the Outstanding Amount of the that class of Reset Rate Notes will be reduced to zero.
Appears in 2 contracts
Sources: Administration Agreement (SLM Student Loan Trust 2005-7), Administration Agreement (SLM Student Loan Trust 2005-9)
Accumulation Account. (i) If, on any Distribution Date, principal would be payable to the Reset Rate Notes then bearing interest at a fixed rate (including, without limitation, the Reset Rate Notes that bears bear a fixed rate of interest during its their respective initial Reset Period until and including the related Initial Reset Date), principal allocated to the Reset Rate Notes pursuant to Section 2.8(f) above will be deposited into the Accumulation Account.
(ii) If the Reset Rate Notes are denominated in U.S. Dollars and bear interest at a fixed rate during the then-current Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and distribute (by 1:00 p.m. (New York time) on the related Distribution Date) such amounts to the Reset Rate Noteholders as of the immediately current Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. If the Reset Rate Notes are in Foreign Exchange Mode and bear interest at a fixed rate during the then-current Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and deliver such amounts to the related Cross-Currency Swap Counterparty or Cross-Currency Swap Counterparties in exchange for the amount of the applicable non-U.S. Dollar currency, determined using the exchange rate set forth in the related Swap Agreement, for payment to the Reset Rate Noteholders as of the immediately preceding Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. Amounts (less any Investment Earnings) on deposit in the Accumulation Account may be used only to pay principal on the Reset Rate Notes (or to the related Swap Counterparty or Counterparties) and for no other purpose.
(iii) In the event that on any Distribution Date the amount (less any Investment Earnings) on deposit for the Reset Rate Notes in the Accumulation Account, including amounts deposited on that Distribution Date, would equal the Outstanding Amount of the Reset Rate Notes, then no additional amounts will be deposited into the Accumulation Account and all amounts therein, less any Investment Earnings, will be distributed on the next related Reset Date, pursuant to Section 2.10(c)(ii) above, and the Outstanding Amount of the Reset Rate Notes will be reduced to zero.
Appears in 2 contracts
Sources: Administration Agreement (SLM Funding LLC), Administration Agreement (SLM Funding LLC)
Accumulation Account. (i) If, on any Distribution Date, principal would be payable to the Reset Rate Notes then bearing interest at a fixed rate (including, without limitation, the Reset Rate Notes that bears a fixed rate of interest during its respective initial Reset Period until and including the related Initial Reset Date), principal allocated to the Reset Rate Notes pursuant to Section 2.8(f) above will be deposited into the Accumulation Account.
(ii) If the Reset Rate Notes are denominated in U.S. Dollars and bear interest at a fixed rate during the then-current Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and distribute (by 1:00 p.m. (New York time) on the related Distribution Date) such amounts to the Reset Rate Noteholders as of the immediately current Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. If the Reset Rate Notes are in Foreign Exchange Mode and bear interest at a fixed rate during the then-current Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and deliver such amounts to the related Cross-Class A-6 Currency Swap Counterparty or Cross-Currency Swap Counterparties in exchange for the amount of the applicable non-U.S. Dollar currency, determined using the exchange rate set forth in the related Swap Agreement, for payment to the Reset Rate Noteholders as of the immediately preceding Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. Amounts (less any Investment Earnings) on deposit in the Accumulation Account may be used only to pay principal on the Reset Rate Notes (or to the related Class A-6 Currency Swap Counterparty or Counterparties) and for no other purpose.
(iii) In the event that on any Distribution Date the amount (less any Investment Earnings) on deposit for the Reset Rate Notes in the Accumulation Account, including amounts deposited on that Distribution Date, would equal the Outstanding Amount of the Reset Rate Notes, then no additional amounts will be deposited into the Accumulation Account and all amounts therein, less any Investment Earnings, will be distributed on the next related Reset Date, pursuant to Section 2.10(c)(ii) above, and the Outstanding Amount of the Reset Rate Notes will be reduced to zero.
Appears in 1 contract
Accumulation Account. A. On the Closing Date, with respect to the Class A-5B Notes, and, if, on any Reset Date thereafter, one or more classes of Reset Rate Notes are reset (ior continue) to bear interest at a fixed rate during the upcoming related Reset Period, the Trust shall establish or maintain an Accumulation Account for such class of Reset Rate Notes.
B.1. If, on any Distribution Date, principal would be payable to the a class of Reset Rate Notes then bearing interest at a fixed rate (including, without limitation, the Reset Rate Class A-5B Notes that bears a fixed rate of interest during its respective initial Reset Period until and including the related Initial Reset Date), principal allocated to the Reset Rate Notes that class pursuant to Section 2.8(f) above 2.7C.6 will be deposited into the related Accumulation Account.
(ii) If the Reset Rate Notes are denominated in U.S. Dollars and bear interest at a fixed rate during the then-current Reset Period, the B.2. The Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding Trustee, on the next Reset Date for each Distribution class of fixed rate Reset Rate Notes (including, without limitation, the related Initial Reset Date that is also a Reset Datefor the Class A-5B Notes), to withdraw from distribute all sums then on deposit in the related Accumulation Account, including any amounts deposited into the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and distribute (by 1:00 p.m. (New York time) on the related Distribution Date, but less any Investment Earnings, in reduction of principal of such class (i) if such amounts class is then denominated in U.S. Dollars, to the holders of that class of Reset Rate Noteholders Notes as of the immediately current related Record Date, pro rata, as a payment of principal as set forth in clause 2.8(for (ii) above. If the Reset Rate Notes are if such class is then in Foreign Exchange Mode and bear interest at a fixed rate during (including the then-current Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Class A-5B Notes on their Initial Reset Date), to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and deliver such amounts to the related Cross-Currency Swap Counterparty or Counterparties (including the Initial Cross-Currency Swap Counterparties Counterparty with respect to the Class A-5B Notes on the related Initial Reset Date) in exchange for the equivalent amount of the applicable non-U.S. Dollar currency, determined using the exchange rate set forth in the related Swap Agreement, currency for payment to the related Cross-Currency Reset Rate Noteholders as of the immediately preceding related Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. Amounts on deposit in an Accumulation Account (less any exclusive of Investment Earnings) on deposit in the Accumulation Account may be used only to pay principal on the related class of Reset Rate Notes (or to the related Swap Counterparty or Counterparties) and for no other purpose.
(iii) B.3. In the event that on any Distribution Date the amount (less any Investment Earnings) on deposit for the a class of Reset Rate Notes in the related Accumulation Account, including amounts deposited on that Distribution Date, Account (excluding any Investment Earnings) would equal the Outstanding Amount of the Reset Rate Notesthat class, then no additional amounts will be deposited into the related Accumulation Account and all amounts therein, less any Investment Earnings, will be distributed on the next related Reset Date, pursuant to Section 2.10(c)(ii) 2.8.4B.2 above, and the Outstanding Amount of the that class of Reset Rate Notes will be reduced to zero.
B.4. The Administrator will instruct the Indenture Trustee to withdraw all Investment Earnings on deposit in each Accumulation Account on each Distribution Date, deposit such sums into the Collection Account, and include such sums as Available Funds for that Distribution Date.
Appears in 1 contract
Sources: Administration Agreement Supplement (SLM Funding LLC)
Accumulation Account. (i) If, on any Distribution Date, principal would be payable to the any Reset Rate Notes then bearing interest at structured not to receive a fixed rate (including, without limitation, payment of principal until the Reset Rate Notes that bears a fixed rate end of interest during its respective initial Reset Period until and including the related Initial Reset Date)Period, principal allocated to the that class of Reset Rate Notes pursuant to Section 2.8(f) above will be deposited into the related Accumulation AccountAccount for those Reset Rate Notes.
(ii) If the any class of Reset Rate Notes are is denominated in U.S. Dollars and bear interest at a fixed rate is structured during the then-current Reset Period not to receive a payment of principal until the end of the related Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the related Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and distribute (by 1:00 p.m. (New York time) on the related Distribution Date) such amounts to the related Reset Rate Noteholders as of the immediately current Record Date, pro rata, as a payment of principal as set forth in clause Section 2.8(f) above. If the any class of Reset Rate Notes are is in Foreign Exchange Mode and bear interest at a fixed rate is structured during the then-current Reset PeriodPeriod not to receive a payment of principal until the end of the related Reset Period and a Swap Agreement is in effect for those Notes, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the related Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and deliver such amounts to the related Cross-Currency Swap Counterparty or Cross-Currency Swap Counterparties in exchange for the amount of the applicable non-U.S. Dollar currency, determined using the exchange rate set forth in the related Swap Agreement, for payment to the related Reset Rate Noteholders as of the immediately preceding Record Date, pro rata, as a payment of principal as set forth in clause Section 2.8(f) above. Amounts (less any Investment Earnings) on deposit in the related Accumulation Account may be used only to pay principal on the related class of Reset Rate Notes (or to the related Currency Swap Counterparty or Counterparties) and for no other purpose. If no Swap Agreement is in effect for those Reset Rate Notes, such payment shall be made as set forth in Section 2.7 above.
(iii) In the event that on any Distribution Date the amount (less any Investment Earnings) on deposit for the any class of Reset Rate Notes in the related Accumulation Account, including amounts deposited on that Distribution Date, would equal the Outstanding Amount of the that class of Reset Rate Notes, then no additional amounts will be deposited into the related Accumulation Account and all amounts therein, less any Investment Earnings, will be distributed on the next related Reset Date, pursuant to Section 2.10(c)(ii) above, and the Outstanding Amount of the that class of Reset Rate Notes will be reduced to zero.
Appears in 1 contract
Sources: Administration Agreement (SLM Student Loan Trust 2006-5)
Accumulation Account. A. On the Closing Date, with respect to the Class A-5A Notes, and, if, on any Reset Date thereafter, one or more classes of Reset Rate Notes are reset (ior continue) to bear interest at a fixed rate during the upcoming related Reset Period, the Trust shall establish or maintain an Accumulation Account for such class of Reset Rate Notes.
B.1. If, on any Distribution Date, principal would be payable to the a class of Reset Rate Notes then bearing interest at a fixed rate (including, without limitation, the Reset Rate Class A-5A Notes that bears a fixed rate of interest during its respective initial Reset Period until and including the related Initial Reset Date), principal allocated to the Reset Rate Notes that class pursuant to Section 2.8(f) above 2.7C.6 will be deposited into the related Accumulation Account.
(ii) If the Reset Rate Notes are denominated in U.S. Dollars and bear interest at a fixed rate during the then-current Reset Period, the B.2. The Administrator shall instruct the Indenture Trustee Trustee, on the next Reset Date for such class of fixed rate Reset Rate Notes (including, without limitation, the related Initial Reset Date for the Class A-5A Notes), to distribute all sums then on deposit in writing no later than one Business Day preceding each Distribution Date that is also a the related Accumulation Account, including any allocation of principal made on such Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (but less any Investment Earnings) , to the holders of that class of Reset Rate Notes, as of the related Record Date, in reduction of principal of such class. Amounts on deposit in such an Accumulation Account and distribute (by 1:00 p.m. (New York time) on the related Distribution Date) such amounts to the Reset Rate Noteholders as exclusive of the immediately current Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. If the Reset Rate Notes are in Foreign Exchange Mode and bear interest at a fixed rate during the then-current Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and deliver such amounts to the related Cross-Currency Swap Counterparty or Cross-Currency Swap Counterparties in exchange for the amount of the applicable non-U.S. Dollar currency, determined using the exchange rate set forth in the related Swap Agreement, for payment to the Reset Rate Noteholders as of the immediately preceding Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. Amounts (less any Investment Earnings) on deposit in the Accumulation Account may be used only to pay principal on the related class of Reset Rate Notes (or to the related Swap Counterparty or Counterparties) and for no other purposepurpose pursuant to section 2.7C.6.
(iii) B.3. In the event that on any Distribution Date the amount on deposit in the related Accumulation Account (less excluding any Investment Earnings) on deposit for the Reset Rate Notes in the Accumulation Account, including amounts deposited on that Distribution Date, would equal the Outstanding Amount of the Reset Rate Notesthat class, then no additional amounts will be deposited into the related Accumulation Account and all amounts therein, less any Investment Earnings, will be distributed on the next related Reset Date, pursuant to Section 2.10(c)(ii) 2.8.4B.2 above, and the Outstanding Amount of the that class of Reset Rate Notes will be reduced to zero.
B.4. The Administrator will instruct the Indenture Trustee to withdraw all Investment Earnings on deposit in each Accumulation Account on each Distribution Date, deposit such sums into the Collection Account, and include such sums as Available Funds for that Distribution Date.
Appears in 1 contract
Sources: Administration Agreement Supplement (SLM Funding LLC)
Accumulation Account. (i) If, on any Distribution Date, principal would be payable to the a class of Reset Rate Notes then bearing interest at a fixed rate (including, without limitation, the each class of Reset Rate Notes that bears a fixed rate of interest during its respective initial Reset Period until and including the related Initial Reset Date), principal allocated to the Reset Rate Notes that class pursuant to Section 2.8(f) above will be deposited into the related Accumulation Account.
(ii) If the For a class of Reset Rate Notes are denominated in U.S. Dollars and bear that bears interest at a fixed rate during the then-current Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the related Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and distribute (by 1:00 p.m. (New York time) on the related Distribution Date) such amounts to the related Reset Rate Noteholders as of the immediately current Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. If the Reset Rate Notes are in Foreign Exchange Mode and bear interest at a fixed rate during the then-current Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and deliver such amounts to the related Cross-Currency Swap Counterparty or Cross-Currency Swap Counterparties in exchange for the amount of the applicable non-U.S. Dollar currency, determined using the exchange rate set forth in the related Swap Agreement, for payment to the Reset Rate Noteholders as of the immediately preceding Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. Amounts (less any Investment Earnings) on deposit in the an Accumulation Account may be used only to pay principal on the related class of Reset Rate Notes (or to the related Swap Counterparty or Counterparties) and for no other purpose.
(iii) In the event that on any Distribution Date the amount (less any Investment Earnings) on deposit for the a class of Reset Rate Notes in the related Accumulation Account, including amounts deposited on that Distribution Date, would equal the Outstanding Amount of the Reset Rate Notesthat class, then no additional amounts will be deposited into the related Accumulation Account and all amounts therein, less any Investment Earnings, will be distributed on the next related Reset Date, pursuant to Section 2.10(c)(ii) above, and the Outstanding Amount of the that class of Reset Rate Notes will be reduced to zero.
Appears in 1 contract
Accumulation Account. A. On the Closing Date, with respect to the Class A-5A, Class A-5B and Class A-5D Notes, and, if, on any Reset Date thereafter, one or more classes of Reset Rate Notes are reset (ior continue) to bear interest at a fixed rate during the upcoming related Reset Period, the Trust shall establish or maintain an Accumulation Account for such class of Reset Rate Notes.
B.1. If, on any Distribution Date, principal would be payable to the a class of Reset Rate Notes then bearing interest at a fixed rate (including, without limitation, the Reset Rate Class A-5A, Class A-5B and Class A-5D Notes that bears a fixed rate of interest during its respective initial Reset Period until and including the related Initial Reset Date), principal allocated to the Reset Rate Notes that class pursuant to Section 2.8(f) above 2.7C.6 will be deposited into the related Accumulation Account.
(ii) If the Reset Rate Notes are denominated in U.S. Dollars and bear interest at a fixed rate during the then-current Reset Period, the B.2. The Administrator shall instruct the Indenture Trustee Trustee, on the next Reset Date for each class of fixed rate Reset Rate Notes (including, without limitation, the related Initial Reset Date for the Class A-5A, Class A-5B and Class A-5D Notes), to distribute all sums then on deposit in writing no later than one Business Day preceding each Distribution Date that is also a the related Accumulation Account, including any allocation of principal made on such Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (but less any Investment Earnings) , to the holders of that class of Reset Rate Notes, as of the related Record Date, in reduction of principal of such class. Amounts on deposit in such an Accumulation Account and distribute (by 1:00 p.m. (New York time) on the related Distribution Date) such amounts to the Reset Rate Noteholders as exclusive of the immediately current Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. If the Reset Rate Notes are in Foreign Exchange Mode and bear interest at a fixed rate during the then-current Reset Period, the Administrator shall instruct the Indenture Trustee in writing no later than one Business Day preceding each Distribution Date that is also a Reset Date, to withdraw from the Accumulation Account on such Distribution Date (after any additional allocations of principal are made to that account on such Distribution Date) the amount (less any Investment Earnings) on deposit in such Accumulation Account and deliver such amounts to the related Cross-Currency Swap Counterparty or Cross-Currency Swap Counterparties in exchange for the amount of the applicable non-U.S. Dollar currency, determined using the exchange rate set forth in the related Swap Agreement, for payment to the Reset Rate Noteholders as of the immediately preceding Record Date, pro rata, as a payment of principal as set forth in clause 2.8(f) above. Amounts (less any Investment Earnings) on deposit in the Accumulation Account may be used only to pay principal on the related class of Reset Rate Notes (or to the related Swap Counterparty or Counterparties) and for no other purpose.
(iii) B.3. In the event that on any Distribution Date the amount (less any Investment Earnings) on deposit for the a class of Reset Rate Notes in the related Accumulation Account, including amounts deposited on that Distribution Date, Account (excluding any Investment Earnings) would equal the Outstanding Amount of the Reset Rate Notesthat class, then no additional amounts will be deposited into the related Accumulation Account and all amounts therein, less any Investment Earnings, will be distributed on the next related Reset Date, pursuant to Section 2.10(c)(ii) 2.8.4B.2 above, and the Outstanding Amount of the that class of Reset Rate Notes will be reduced to zero.
B.4. The Administrator will instruct the Indenture Trustee to withdraw all Investment Earnings on deposit in each Accumulation Account on each Distribution Date, deposit such sums into the Collection Account, and include such sums as Available Funds for that Distribution Date.
Appears in 1 contract
Sources: Administration Agreement Supplement (SLM Funding LLC)