Common use of Administration of the Collection Account Clause in Contracts

Administration of the Collection Account. At the written direction of the Servicer, funds on deposit in the Collection Account available for investment shall be invested by the Trustee in Eligible Investments selected by the Servicer. All such Eligible Investments shall be held by the Trustee for the benefit of the Investor Certificateholders. Amounts on deposit in each Series Non-Principal Collection Sub-subaccount shall, if applicable, be invested in Eligible Investments that will mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available on or before the Business Day immediately preceding the next Distribution Date. None of such Eligible Investments shall be disposed of prior to the maturity date with respect thereto unless such disposition is reasonably necessary to prevent a loss. All interest and investment earnings (net of losses and investment expenses) (the "INVESTMENT EARNINGS") on funds deposited in a Series Non-Principal Collection Sub-subaccount shall be deposited in such sub-subaccount. Amounts on deposit in the Series Principal Collection Sub-subaccounts and any other sub-subaccounts as specified in the related Supplement shall be invested in Eligible Investments that mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available not later than the date which is specified in any Supplement. The Trustee, or its nominee or custodian, shall maintain possession of the instruments or securities, if any, evidencing any Eligible Investments from the time of purchase thereof until the time of sale or maturity. Any Investment Earnings on such invested funds in a Series Principal Collection Sub-subaccount and any other sub-subaccounts as specified in the related Supplement will be deposited in the related Series Non-Principal Collection Sub-subaccount. If the Servicer fails to give such written instruction, the amounts in the Collection Account available for investment shall remain uninvested.

Appears in 1 contract

Sources: Pooling Agreement (Core Mark International Inc)

Administration of the Collection Account. At the written direction of the ServicerCompany, funds on deposit in the Collection Account available for investment investment, shall be invested by the Trustee in Eligible Investments selected by the ServicerCompany. All such Eligible Investments shall be held by the Trustee for the benefit of the Investor Certificateholders. Amounts on deposit in each Series Non-Principal Collection Sub-subaccount shall, if applicable, be invested in Eligible Investments that will mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available on or before the Business Day immediately preceding the next Distribution Date. None of such Eligible Investments shall be disposed of prior to the maturity date with respect thereto unless such disposition is reasonably determined by the Company to be necessary to prevent a loss. All interest and investment earnings (net of losses and investment expenses) (the "INVESTMENT EARNINGS") on funds deposited in a Series Non-Principal Collection Sub-subaccount shall be deposited in such sub-subaccount. Amounts on deposit in the Series Principal Collection Sub-subaccounts Sub- subaccount and any other sub-subaccounts as specified in the related Supplement shall be invested in Eligible Investments that mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available not later than the date which is specified in any Supplement. The Trustee, or its nominee or custodian, shall maintain possession of the negotiable instruments or securities, if any, evidencing any Eligible Investments from the time of purchase thereof until the time of sale or maturity. Any earnings (net of losses and investment expenses) (the "Investment Earnings Earnings") on such invested funds in a Series Principal Collection Sub-subaccount and any other sub-subaccounts as specified in the related Supplement will be deposited by the Trustee in the related Series Non-Principal Collection Sub-subaccount. If the Servicer fails to give such written instruction, the amounts in the Collection Account available for investment shall remain uninvested.Amended and Restated Pooling Agreement 73

Appears in 1 contract

Sources: Pooling Agreement (Lifestyle Furnishings International LTD)

Administration of the Collection Account. At the written direction of the Servicer, funds on deposit in the Collection Account available for investment investment, shall be invested by the Trustee in Eligible Investments selected by the ServicerCompany. All such Eligible Investments shall be held by the Trustee for the benefit of the Investor Certificateholders. Amounts on deposit in each Series Non-Principal Collection Sub-subaccount shall, if applicable, be invested in Eligible Investments that will mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available on or before the Business Day immediately preceding the next Distribution Date. None of such Eligible Investments shall be disposed of prior to the maturity date with respect thereto unless such disposition is reasonably determined by the Servicer to be necessary to prevent a loss. All interest and investment earnings (net of losses and investment expenses) (the "INVESTMENT EARNINGS") on funds deposited in a Series Non-Principal Collection Sub-subaccount shall be deposited in such sub-subaccount. Amounts on deposit in the Series Principal Collection Sub-subaccounts subaccount and any other sub-sub- subaccounts as specified in the related Supplement shall be invested in Eligible Investments that mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available not later than the date which is specified in any Supplement. The Trustee, or its nominee or custodian, shall maintain possession of the negotiable instruments or securities, if any, evidencing any Eligible Investments from the time of purchase thereof until the time of sale or maturity. Any earnings (net of losses and investment expenses) (the "Investment Earnings Earnings") on such invested funds in a Series Principal Collection Sub-subaccount and any other sub-subaccounts as specified in the related Supplement will be deposited by the Trustee in the related Series Non-Principal Collection Sub-subaccount. If In the Servicer fails to give such absence of any written instructiondirection from the Company, the amounts all Eligible Investments shall be in the Collection Account available for investment shall remain uninvestedcash.

Appears in 1 contract

Sources: Pooling Agreement (American Axle & Manufacturing Holdings Inc)

Administration of the Collection Account. (i) At the written direction of the Servicer, funds on deposit in the Collection Account available for investment shall be invested by the Trustee in Eligible Investments selected by the Company. In the absence of written direction from the Servicer, funds in the Collection Account shall remain uninvested. All such Eligible Investments shall be delivered to the Trustee in accordance with the definition of "Delivery" and shall be held by the Trustee or its nominee (including the Securities Intermediary) for the benefit of the Investor CertificateholdersCertificateholders or such Eligible Investments shall be promptly credited to a securities account maintained by the Trustee with a securities intermediary. Amounts on deposit in each Series Non-Principal Collection Sub-subaccount shall, if applicable, be invested in Eligible Investments that will mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available on or before the Business Day immediately preceding the next Distribution Date. None of such Eligible Investments shall be disposed of prior to the maturity date with respect thereto unless such disposition is reasonably necessary to prevent a loss. All interest and investment earnings (net of losses and investment expenses) (the "INVESTMENT EARNINGS") on funds deposited in a Series Non-Principal Collection Sub-subaccount shall be deposited in such sub-subaccount. Amounts on deposit in the Series Principal Collection Sub-subaccounts and any other sub-subaccounts as specified in the related Supplement shall be invested in Eligible Investments that mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available not later than the date which is specified in any Supplement. The Trustee, or its nominee or custodian, shall maintain possession of the instruments or securities, if any, evidencing any Eligible Investments from the time of purchase thereof until the time of sale or maturity. Any Investment Earnings on such invested funds in a Series Principal Collection Sub-subaccount and any other sub-subaccounts as specified in the related Supplement will be deposited in the related Series Non-Principal Collection Sub-subaccount. If Any Investment Earnings shall be included by the Servicer fails to give such written instructionCompany in its gross income for all income tax purposes. (ii) Any securities intermediary (as that term is defined in Article 8 of the UCC) maintaining a securities account for the Trustee for the benefit of the Purchasers (the "Securities Intermediary"), and The Chase Manhattan Bank as initial Securities Intermediary, hereby represents that it is as of the amounts date hereof and shall be for so long as it is the Securities Intermediary hereunder a bank or broker-dealer that (a) in the Collection ordinary course of its business maintains securities accounts for others and is acting in that capacity hereunder and (b) maintains a Participant's Securities Account available for investment shall remain uninvested.(as defined in the United States Regulations) with a Federal

Appears in 1 contract

Sources: Pooling Agreement (United Stationers Supply Co)

Administration of the Collection Account. At the written direction of the ServicerCompany, funds on deposit in the Collection Account available for investment investment, shall be invested by the Trustee in Eligible Investments selected by the ServicerCompany. All such Eligible Investments shall be held by the Trustee for the benefit of the Investor Certificateholders. Amounts on deposit in each Series Non-Principal Collection Sub-subaccount shall, if applicable, be invested in Eligible Investments that will mature, or that are payable or redeemable upon demand of the holder thereof, thereof so that such funds will be available on or before the Business Day immediately preceding the next Distribution Date. None of such Eligible Investments shall be disposed of prior to the maturity date with respect thereto unless such disposition is reasonably necessary to prevent a loss. All interest and investment earnings (net of losses and investment expenses) (the "INVESTMENT EARNINGS") on funds deposited in a Series Non-Principal Collection Sub-subaccount shall be deposited in such sub-subaccount. Amounts on deposit in the Series Principal Collection Sub-subaccounts subaccount and any other sub-subaccounts as specified in the related Supplement shall be invested in Eligible Investments that mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available not later than the date which is specified in any Supplement. The Trustee, or its nominee or custodian, shall maintain possession of the negotiable instruments or securities, if any, evidencing any Eligible Investments from the time of purchase thereof until the time of sale or maturity. Any earnings (net of losses and investment expenses) (the "Investment Earnings Earnings") on such invested funds in a Series Principal Collection Sub-subaccount and any other sub-subaccounts as specified in the related Supplement will be deposited in the related Series Non-Principal Collection Sub-subaccount. If the Servicer fails to give such written instruction, the amounts in the Collection Account available for investment shall remain uninvested.and

Appears in 1 contract

Sources: Pooling Agreement (Ingram Micro Inc)

Administration of the Collection Account. At the written direction of the Servicer, funds on deposit in the Collection Account available for investment shall be invested by the Trustee in Eligible Investments selected by the ServicerCompany. All such Eligible Investments shall be held by the Trustee for the benefit of the Investor Certificateholders. Amounts on deposit in each Series Non-Principal Collection Sub-subaccount shall, if applicable, be invested in Eligible Investments that will mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available on or before the Business Day immediately preceding the next Distribution Date. None of such Eligible Investments shall be disposed of prior to the maturity date with respect thereto unless such disposition is reasonably necessary to prevent a loss. All interest and investment earnings (net of losses and investment expenses) (the "INVESTMENT EARNINGS") on funds deposited in a Series Non-Non- Principal Collection Sub-subaccount shall be deposited in such sub-subaccount. Amounts on deposit in the Series Principal Collection Sub-subaccounts and any other sub-subaccounts as specified in the related Supplement shall be invested in Eligible Investments that mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available not later than the date which is specified in any Supplement. The Trustee, or its nominee or custodian, shall maintain possession of the instruments or securities, if any, evidencing any Eligible Investments from the time of purchase thereof until the time of sale or maturity. Any Investment Earnings on such invested funds in a Series Principal Collection Sub-subaccount and any other sub-subaccounts as specified in the related Supplement will be deposited in the related Series Non-Non- Principal Collection Sub-subaccount. If the Servicer fails to give such written instruction, the amounts in the Collection Account available for investment shall remain uninvested.

Appears in 1 contract

Sources: Pooling Agreement (Rykoff Sexton Inc)

Administration of the Collection Account. (i) At the written direction of the Servicer, funds on deposit in the Collection Account available for investment shall be invested by the Trustee in Eligible Investments selected by the Company. In the absence of written direction from the Servicer, funds in the Collection Account shall remain uninvested. All such Eligible Investments shall be delivered to the Trustee in accordance with the definition of "Delivery" and shall be held by the Trustee or its nominee (including the Securities Intermediary) for the benefit of the Investor CertificateholdersCertificateholders or such Eligible Investments shall be promptly credited to a securities account maintained by the Trustee with a securities intermediary. Amounts on deposit in each Series Non-Principal Collection Sub-subaccount shall, if applicable, be invested in Eligible Investments that will mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available on or before the Business Day immediately preceding the next Distribution Date. None of such Eligible Investments shall be disposed of prior to the maturity date with respect thereto unless such disposition is reasonably necessary to prevent a loss. All interest and investment earnings (net of losses and investment expenses) (the "INVESTMENT EARNINGSEarnings") on funds deposited in a Series Non-Principal Collection Sub-subaccount shall be deposited in such sub-subaccount. Amounts on deposit in the Series Principal Collection Sub-subaccounts and any other sub-subaccounts as specified in the related Supplement shall be invested in Eligible Investments that mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available not later than the date which is specified in any Supplement. The Trustee, or its nominee or custodian, shall maintain possession of the instruments or securities, if any, evidencing any Eligible Investments from the time of purchase thereof until the time of sale or maturity. Any Investment Earnings on such invested funds in a Series Principal Collection Sub-subaccount and any other sub-subaccounts subsubaccounts as specified in the related Supplement will be deposited in the related Series Non-Principal Collection Sub-subaccount. If Any Investment Earnings shall be included by the Servicer fails to give such written instructionCompany in its gross income for all income tax purposes. (ii) Any securities intermediary (as that term is defined in Article 8 of the UCC) maintaining a securities account for the Trustee for the benefit of the Purchasers (the "SECURITIES INTERMEDIARY"), and The Chase Manhattan Bank as initial Securities Intermediary, hereby represents that it is as of the amounts date hereof and shall be for so long as it is the Securities Intermediary hereunder a bank or broker-dealer that (a) in the ordinary course of its business maintains securities accounts for others and is acting in that capacity hereunder and (b) maintains a Participant*s Securities Account (as defined in the United States Regulations) with a Federal Reserve Bank. The Securities Intermediary shall agree (and The Chase Manhattan Bank as initial Securities Intermediary hereby agrees) with the parties hereto that (x) the Collection Account available for investment (including any sub-accounts thereof) is a securities account to which financial assets may be credited, (y) the Trustee shall remain uninvestedbe entitled to exercise rights that comprise such financial assets and to exercise the ordinary rights of an entitlement holder, (z) the "securities intermediary*s jurisdiction" as defined in the UCC of the Securities Intermediary with respect to the Eligible Investments credited to the Collection Account (including any sub-accounts thereof) shall be the State of New York. The Securities Intermediary shall represent and covenant (and The Chase Manhattan Bank hereby represents and covenants) that it is not and will not be (as long as it is the Securities Intermediary hereunder) a party to any agreement that is inconsistent with the provisions of this Agreement. The Securities Intermediary shall covenant (and The Chase Manhattan Bank hereby covenants) that it will not take any action inconsistent with the provisions of this Agreement applicable to it. It is the intent of the Trustee, the Servicer and the Company that the Collection Account (including any sub-accounts thereof) shall be a securities account of the Trustee and not an account of the Company 60 or the Servicer. If despite such intent, the Collection Account (including any sub-accounts thereof) is determined to be an account of the Company or the Servicer, then the Securities Intermediary agrees to comply with entitlement orders originated by the Trustee without further consent by the Company or the Servicer.

Appears in 1 contract

Sources: Pooling Agreement (United Stationers Supply Co)

Administration of the Collection Account. At the written direction of the Master Servicer, funds on deposit in the Collection Account available for investment investment, shall be invested by the Trustee in Eligible Investments selected by the ServicerCompany. All such Eligible Investments shall be held by the Trustee for the benefit of the Investor CertificateholdersCertificateholders as their interests appear in this Agreement. Amounts on deposit in each Series Non-Principal Collection Sub-subaccount shall, if applicable, be invested in Eligible Investments that will mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available on or before the Business Day immediately preceding the next Distribution Date. None of such Eligible Investments shall be disposed of prior to the maturity date with respect thereto unless such disposition is reasonably necessary to prevent a loss. All interest and investment earnings (net of losses and investment expenses) (the "INVESTMENT EARNINGS") on funds deposited in a Series Non-Principal Collection Sub-subaccount shall be deposited in such subSub-subaccount. Amounts on deposit in the Series Principal Collection Sub-subaccounts and any other sub-subaccounts as specified in the related Supplement shall be invested in Eligible Investments that mature, or that are payable or redeemable upon demand of the holder thereof, so that such funds will be available not later than the date which is specified in any Supplement. The Trustee, or its nominee or custodian, shall maintain possession of the negotiable instruments or securities, if any, evidencing any Eligible Investments from the time of purchase thereof until the time of sale or maturity. Any earnings (net of losses and investment expenses) (the "Investment Earnings Earnings") on such invested funds in a Series Principal Collection Sub-subaccount and any other sub-subaccounts as specified in the related Supplement will be deposited in the related Series Non-Principal Collection Sub-subaccount. If the Master Servicer fails to give such written instruction, the amounts in the Collection Account available for investment shall remain uninvestedbe invested in investments of the type described in subsection (d) of the definition of Eligible Investments. The Trustee shall not be liable for any investment loss or other charge resulting therefrom unless the Trustee's failure to perform in accordance with this Section 3.1(c) is the cause of such loss or charge.

Appears in 1 contract

Sources: Master Pooling and Servicing Agreement (General Cable Corp /De/)