Common use of General Provisions Regarding Clause in Contracts

General Provisions Regarding. The Note Payment Account, the Supplemental Interest Payment Account And Mortgage Loans. (a) The Note Payment Account and the Supplemental Interest Payment Account shall relate solely to the Notes and to the Mortgage Loans, Permitted Investments and other property securing the Notes. Funds and other property in the Note Payment Account and the Supplemental Interest Payment Account shall not be commingled with any other moneys or property of the Issuer or any Affiliate thereof. Notwithstanding the foregoing, the Indenture Trustee may hold any funds or other property received or held by it as part of the Note Payment Account and the Supplemental Interest Payment Account in collective accounts maintained by it in the normal course of its business and containing funds or property held by it for other Persons (which may include the Issuer or an Affiliate), provided that such accounts are under the sole control of the Indenture Trustee and the Indenture Trustee maintains adequate records indicating the ownership of all such funds or property and the portions thereof held for credit to the Note Payment Account and the Supplemental Interest Payment Account. (b) If any amounts are needed for payment from the Note Payment Account and sufficient uninvested funds are not available therein to make such payment, the Indenture Trustee shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in such Note Payment Account. (c) The Indenture Trustee shall, at all times while any Notes are Outstanding, maintain in its possession, or in the possession of an agent whose actions with respect to such items are under the sole control of the Indenture Trustee, all certificates or other instruments, if any, evidencing any investment of funds in the Note Payment Account. The Indenture Trustee shall relinquish possession of such items, or direct its agent to do so, only for purposes of collecting the final payment receivable on such investment or certificate or, in connection with the sale of any investment held in the Note Payment Account, against delivery of the amount receivable in connection with any sale. (d) The Indenture Trustee shall not invest any part of the Trust Estate in Permitted Investments that constitute uncertificated securities (as defined in Section 8-102 of the Uniform Commercial Code, as enacted in the relevant jurisdiction) or in any other book-entry securities unless it has received an Opinion of Counsel reasonably satisfactory in form and substance to the Indenture Trustee setting forth, with respect to each type of security for which authority to invest is being sought, the procedures that must be followed to maintain the lien and security interest created by this Indenture with respect to the Trust Estate.

Appears in 1 contract

Sources: Indenture (Bear Stearns Asset Backed Securities Inc)

General Provisions Regarding. The the Note Payment Account, the Supplemental Interest Payment Account And Mortgage and Home ------------------------------------------------------ Loans.. ------ (a) The Note Payment Account and the Supplemental Interest Payment Account shall relate solely to the Notes and to the Mortgage Home Loans, Permitted Investments and other property securing the Notes. Funds and other property in the Note Payment Account and the Supplemental Interest Payment Account shall not be commingled with any other moneys or property of the Issuer or any Affiliate thereof. Notwithstanding the foregoing, the Indenture Trustee may hold any funds or other property received or held by it as part of the Note Payment Account and the Supplemental Interest Payment Account in collective accounts maintained by it in the normal course of its business and containing funds or property held by it for other Persons (which may include the Issuer or an Affiliate), provided that such accounts are under the sole control of the Indenture Trustee and the Indenture Trustee maintains adequate records indicating the ownership of all such funds or property and the portions thereof held for credit to the Note Payment Account and the Supplemental Interest Payment Account. (b) If any amounts are needed for payment from the Note Payment Account and sufficient uninvested funds are not available therein to make such payment, the Indenture Trustee shall cause to be sold or otherwise converted to cash a sufficient amount of the investments in such the Note Payment Account. (c) The Indenture Trustee shall, at all times while any Notes are Outstanding, maintain in its possession, or in the possession of an agent whose actions with respect to such items are under the sole control of the Indenture Trustee, all certificates or other instruments, if any, evidencing any investment of funds in the Note Payment Account. The Indenture Trustee shall relinquish possession of such items, or direct its agent to do so, only for purposes of collecting the final payment receivable on such investment or certificate or, in connection with the sale of any investment held in the Note Payment Account, against delivery of the amount receivable in connection with any sale. (d) The Indenture Trustee shall not invest any part of the Trust Estate in Permitted Investments that constitute uncertificated securities (as defined in Section 8-102 of the Uniform Commercial Code, as enacted in the relevant jurisdiction) or in any other book-entry securities unless it has received an Opinion of Counsel reasonably satisfactory in form and substance to the Indenture Trustee setting forth, with respect to each type of security for which authority to invest is being sought, the procedures that must be followed to maintain the lien and security interest created by this Indenture with respect to the Trust Estate.

Appears in 1 contract

Sources: Indenture (Southpoint Residential Mortgage Securities Corp)