Common use of Required Additions Clause in Contracts

Required Additions. (i) If, (A) as determined on any Determination Date, the Transferor Amount for the prior Monthly Period is less than the Required Transferor Amount for such prior Monthly Period, the Transferor shall (1) designate Receivables in additional Accounts to be transferred to the Trust (each, an “Additional Account”) for designation pursuant to the Asset Pool One Supplement, (2) designate one or more Collateral Certificates to be transferred to the Trust (each, an “Additional Collateral Certificate”) for designation pursuant to the Asset Pool One Supplement or (3) increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Transferor Amount for the prior Monthly Period would have been at least equal to the Required Transferor Amount for such prior Monthly Period, or (B) as determined on any Determination Date, the Pool Balance for the prior Monthly Period is less than the Minimum Pool Balance for such prior Monthly Period, the Transferor shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement or (3) increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Pool Balance would have been at least equal to the Minimum Pool Balance for the prior Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Transferor Amount and the Pool Balance will be determined on a daily basis in accordance with a method to be determined by the Servicer, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Accounts and/or any Additional Collateral Certificates to be transferred to the Trust for designation to Asset Pool One shall be transferred to the Trust and designated for inclusion in Asset Pool One on or before the thirtieth Business Day following such Determination Date (such date, in connection with the addition of Additional Accounts or Additional Collateral Certificates, the “Addition Date” and in connection with the increase of a Collateral Certificate previously conveyed to the Trust, the “Increase Date”); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day following such Determination Date. The failure of the Transferor to increase the Pool Balance or the Transferor Amount as provided in this clause (i) solely as a result of the unavailability to the Transferor of a sufficient amount of Additional Accounts and/or Additional Collateral Certificates and/or the inability to increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Agreement; provided that any such failure which has not been timely cured may nevertheless result in the occurrence of an Early Amortization Event. (ii) Any Additional Accounts or Additional Collateral Certificates designated to be included as Trust Assets pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 4 contracts

Sources: Transfer and Servicing Agreement (Jpmorgan Chase Bank, National Association), Transfer and Servicing Agreement (Chase Card Funding LLC), Transfer and Servicing Agreement (Chase Issuance Trust)

Required Additions. (i) If, (A) as determined on any Determination Date, the Asset Pool One Transferor Amount for the prior Monthly Period is less than the Asset Pool One Required Transferor Amount for such prior Monthly Period, the Transferor Issuing Entity shall (1) designate Receivables in additional Accounts to be transferred to the Trust (each, an “Additional Account”) for designation pursuant to the inclusion in Asset Pool One SupplementOne, (2) designate one or more additional Collateral Certificates to be transferred to the Trust for inclusion in Asset Pool One (each, an “Additional Asset Pool One Collateral Certificate”) for designation pursuant to the Asset Pool One Supplement or (3) increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 2.3 in a sufficient amount such that, after giving effect to such addition or increase, the Asset Pool One Transferor Amount for the prior Monthly Period would have been at least equal to the Asset Pool One Required Transferor Amount for such prior Monthly Period, or (B) as determined on any Determination Date, the Asset Pool One Pool Balance for the prior Monthly Period is less than the Asset Pool One Minimum Pool Balance for such prior Monthly Period, the Transferor Issuing Entity shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the Asset Pool One SupplementAccounts for inclusion in Asset Pool One, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement Collateral Certificates for inclusion in Asset Pool One or (3) increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 2.3 in a sufficient amount such that, after giving effect to such addition or increase, the Asset Pool One Pool Balance would have been at least equal to or greater than the Asset Pool One Minimum Pool Balance for the such prior Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Asset Pool One Transferor Amount and the Asset Pool One Pool Balance will be determined on a daily basis in accordance with a method to be determined by the ServicerTransferor, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Asset Pool One Accounts and/or any one or more Additional Asset Pool One Collateral Certificates to be transferred to the Trust and designated for designation to inclusion in Asset Pool One shall be transferred to the Trust and designated for inclusion in Asset Pool One One, as applicable, on or before the thirtieth Business Day following such Determination Date (such date, in connection with the addition of Additional Asset Pool One Accounts or one or more Additional Asset Pool One Collateral Certificates, the “Addition Date” and in connection with the increase of a an existing Asset Pool One Collateral Certificate previously conveyed to the TrustCertificate, the “Increase Date”); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day following such Determination Date. The failure of the Transferor to increase the Asset Pool One Transferor Amount or the Asset Pool One Pool Balance or the Transferor Amount as provided in this clause (i) solely as a result of the unavailability to the Transferor of a sufficient amount of Additional Asset Pool One Accounts and/or any Additional Asset Pool One Collateral Certificates and/or the inability to increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Asset Pool One Supplement or the Transfer and Servicing Agreement; provided that any such failure which has not been timely cured may nevertheless result in the occurrence of an Early Amortization Event. (ii) Any Additional Asset Pool One Accounts or Additional Asset Pool One Collateral Certificates designated to be included as Trust Assets in Asset Pool One pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 4 contracts

Sources: Asset Pool Supplement (Chase Card Funding LLC), Asset Pool Supplement (Chase Issuance Trust), Asset Pool Supplement (Chase Issuance Trust)

Required Additions. (i) If, at the end of any Monthly Period, (Aa) as determined on any Determination Date, the Transferor Amount for such Monthly Period and for the prior Monthly Period is less than the Required Transferor Amount for each such prior Monthly Period or (b) the Pool Balance for such Monthly Period is less than the Required Pool Balance for such Monthly Period, the Transferor shall (1) designate transfer Receivables in additional Aggregate Addition Accounts to be transferred to the Trust (each, an “Additional Account”) for designation pursuant to the Asset Pool One SupplementTrust, (2) designate transfer one or more Collateral Certificates to be transferred to the Trust (each, an “Additional Collateral Certificate”) for designation pursuant to the Asset Pool One Supplement or (3) increase cause to be increased the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 or Section 2.12 in a sufficient amount such that, after giving effect to such addition or increase, the Transferor Amount for the prior such Monthly Period would have been is at least equal to the Required Transferor Amount for such prior Monthly Period, or (B) as determined on any Determination Date, Period and the Pool Balance for the prior Monthly Period is less than the Minimum Pool Balance for such prior Monthly Period, the Transferor shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement or (3) increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Pool Balance would have been at least equal to the Minimum Required Pool Balance for the prior such Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Transferor Amount and the Pool Balance will be determined on a daily basis in accordance with a method to be determined by the Servicer, subject to satisfaction of the Note Rating Agency Condition. Any transfer of Receivables in any Aggregate Addition Accounts to the Trust and/or any transfer of Collateral Certificates to the Trust and/or any increase in the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Accounts and/or any Additional Collateral Certificates to be transferred to the Trust for designation to Asset Pool One shall be transferred to the Trust and designated for inclusion in Asset Pool One on or before the thirtieth Business Day following the end of such Determination Date (such date, in connection with the addition of Additional Accounts or Additional Collateral Certificates, the “Addition Date” and in connection with the increase of a Collateral Certificate previously conveyed to the Trust, the “Increase Date”); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day following such Determination DateMonthly Period. The failure of the Transferor to increase the Transferor Amount or the Pool Balance or the Transferor Amount as provided in this clause (i) solely as a result of the unavailability to the Transferor of a sufficient amount of Additional Accounts Receivables and/or Additional Collateral Certificates and/or the inability to increase cause to be increased the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Agreement; provided that any such failure which has not been timely cured (as specified in the related Indenture Supplement) may nevertheless result in the occurrence of an Early Amortization Event with respect to each Series for which, pursuant to the Indenture Supplement therefor, a failure by the Transferor to convey additional Trust Assets to the Trust or cause to be increased the Invested Amount of an existing Collateral Certificate by the day on which it is required to do so pursuant to this subsection 2.13(a) constitutes an "Early Amortization Event" (as defined in such Indenture Supplement). (ii) Any Additional Aggregate Addition Accounts or Additional Collateral Certificates designated to be included as part of the Trust Assets pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 2 contracts

Sources: Transfer and Servicing Agreement (American Express Issuance Trust), Transfer and Servicing Agreement (American Express Issuance Trust)

Required Additions. (i) If, (A) as determined on any Determination Date, the Transferor Amount for an Asset Pool for the prior Monthly Period is less than the Required Transferor Amount for such Asset Pool for such prior Monthly Period, the applicable Transferor shall (1) designate Receivables in additional Accounts to be transferred to the Trust (each, an "Additional Account") for designation pursuant to the applicable Asset Pool One Supplement, (2) designate one or more additional Collateral Certificates to be transferred to the Trust (each, an "Additional Collateral Certificate") for designation pursuant to the applicable Asset Pool One Supplement or (3) increase the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust pursuant to Section 2.10 or Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Transferor Amount for such Asset Pool for the prior Monthly Period would have been at least equal to the Required Transferor Amount for such Asset Pool for such prior Monthly Period, or (B) as determined on any Determination Date, the Pool Balance for such Asset Pool for the prior Monthly Period is less than the Minimum Pool Balance for such Asset Pool for such prior Monthly Period, the applicable Transferor shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the applicable Asset Pool One Supplement, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the applicable Asset Pool One Supplement or (3) increase the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust pursuant to Section 2.10 or Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Pool Balance for the applicable Asset Pool would have been at least equal to the Minimum Pool Balance for such Asset Pool for the prior Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Transferor Amount and the Pool Balance for an Asset Pool will be determined on a daily basis in accordance with a method to be determined by the Servicer, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Accounts and/or any Additional Collateral Certificates to be transferred to the Trust for designation to a particular Asset Pool One shall be transferred to the Trust and designated for inclusion in such Asset Pool One on or before the thirtieth Business Day following such Determination Date (such date, in connection with the addition of Additional Accounts or Additional Collateral Certificates, the "Addition Date" and in connection with the increase of a an existing Collateral Certificate previously conveyed to the TrustCertificate, the "Increase Date"); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day Date following such Determination Date. The failure of the applicable Transferor to increase the Pool Balance or the Transferor Amount for the applicable Asset Pool as provided in this clause (i) solely as a result of the unavailability to the applicable Transferor of a sufficient amount of Additional Accounts and/or Additional Collateral Certificates and/or the inability to increase the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Agreement; provided that any such failure which has not been timely cured may nevertheless result in the occurrence of an Early Amortization Event. (ii) Any Additional Accounts or Additional Collateral Certificates designated to be included as Trust Assets pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 2 contracts

Sources: Transfer and Servicing Agreement (Bank One Delaware National Association), Transfer and Servicing Agreement (First Usa Credit Card Master Trust)

Required Additions. (i) If, (A) as determined on any Determination Date, the Asset Pool One Transferor Amount for the prior Monthly Period is less than the Asset Pool One Required Transferor Amount for such prior Monthly Period, the Transferor Issuer shall (1) designate Receivables in additional Accounts to be transferred to the Trust for inclusion in Asset Pool One (each, an "Additional Account”) for designation pursuant to the Asset Pool One SupplementAccount"), (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for inclusion in Asset Pool One (each, an "Additional Collateral Certificate”) for designation pursuant to the Asset Pool One Supplement Collateral Certificate") or (3) increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 2.2 or Section 2.3 in a sufficient amount such that, after giving effect to such addition or increase, the Asset Pool One Transferor Amount for the prior Monthly Period would have been at least equal to the Asset Pool One Required Transferor Amount for such prior Monthly Period, or (B) as determined on any Determination Date, the Asset Pool One Pool Balance for the prior Monthly Period is less than the Asset Pool One Minimum Pool Balance for such prior Monthly Period, the Transferor Issuer shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the Asset Pool One SupplementAccounts for inclusion in Asset Pool One, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement Collateral Certificates for inclusion in Asset Pool One or (3) increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 2.2 or Section 2.3 in a sufficient amount such that, after giving effect to such addition or increase, the Asset Pool One Pool Balance would have been at least equal to or greater than the Asset Pool One Minimum Pool Balance for the such prior Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Asset Pool One Transferor Amount and the Asset Pool One Pool Balance will be determined on a daily basis in accordance with a method to be determined by the ServicerTransferor, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Asset Pool One Accounts and/or any Additional Asset Pool One Collateral Certificates to be transferred to the Trust and designated for designation to inclusion in Asset Pool One shall be transferred to the Trust and designated for inclusion in Asset Pool One One, as applicable, on or before the thirtieth Business Day following such Determination Date (such date, in connection with the addition of Additional Asset Pool One Accounts or Additional Asset Pool One Collateral Certificates, the "Addition Date" and in connection with the increase of a an existing Asset Pool One Collateral Certificate previously conveyed to the TrustCertificate, the "Increase Date"); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day following such Determination Date. The failure of the any Transferor to increase the Asset Pool One Transferor Amount or the Asset Pool One Pool Balance or the Transferor Amount as provided in this clause (i) solely as a result of the unavailability to the such Transferor of a sufficient amount of Additional Asset Pool One Accounts and/or Additional Asset Pool One Collateral Certificates and/or the inability to increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Asset Pool One Supplement or the Transfer and Servicing Agreement; provided that any such failure which has not been timely cured may nevertheless result in the occurrence of an Early Amortization Event. (ii) Any Additional Asset Pool One Accounts or Additional Asset Pool One Collateral Certificates designated to be included as Trust Assets in Asset Pool One pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 2 contracts

Sources: Asset Pool Supplement (First Usa Credit Card Master Trust), Indenture (Bank One Delaware National Association)

Required Additions. (i) If, (A) as determined on any Determination Date, the Transferor Amount for an Asset Pool for the prior Monthly Period is less than the Required Transferor Amount for such Asset Pool for such prior Monthly Period, the applicable Transferor shall (1) designate Receivables in additional Accounts to be transferred to the Trust (each, an “Additional Account”"ADDITIONAL ACCOUNT") for designation pursuant to the applicable Asset Pool One Supplement, (2) designate one or more additional Collateral Certificates to be transferred to the Trust (each, an “Additional Collateral Certificate”"ADDITIONAL COLLATERAL CERTIFICATE") for designation pursuant to the applicable Asset Pool One Supplement or (3) increase the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust pursuant to Section 2.10 or Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Transferor Amount for such Asset Pool for the prior Monthly Period would have been at least equal to the Required Transferor Amount for such Asset Pool for such prior Monthly Period, or (B) as determined on any Determination Date, the Pool Balance for such Asset Pool for the prior Monthly Period is less than the Minimum Pool Balance for such Asset Pool for such prior Monthly Period, the applicable Transferor shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the applicable Asset Pool One Supplement, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the applicable Asset Pool One Supplement or (3) increase the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust pursuant to Section 2.10 or Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Pool Balance for the applicable Asset Pool would have been at least equal to the Minimum Pool Balance for such Asset Pool for the prior Monthly Period; providedPROVIDED, howeverHOWEVER, that in the event of a Servicer Rating Event, the Transferor Amount and the Pool Balance for an Asset Pool will be determined on a daily basis in accordance with a method to be determined by the Servicer, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Accounts and/or any Additional Collateral Certificates to be transferred to the Trust for designation to a particular Asset Pool One shall be transferred to the Trust and designated for inclusion in such Asset Pool One on or before the thirtieth Business Day following such Determination Date (such date, in connection with the addition of Additional Accounts or Additional Collateral Certificates, the “Addition Date” "ADDITION DATE" and in connection with the increase of a an existing Collateral Certificate previously conveyed to the TrustCertificate, the “Increase Date”"INCREASE DATE"); providedPROVIDED, howeverHOWEVER, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day Date following such Determination Date. The failure of the applicable Transferor to increase the Pool Balance or the Transferor Amount for the applicable Asset Pool as provided in this clause (i) solely as a result of the unavailability to the applicable Transferor of a sufficient amount of Additional Accounts and/or Additional Collateral Certificates and/or the inability to increase the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Agreement; provided PROVIDED that any such failure which has not been timely cured may nevertheless result in the occurrence of an Early Amortization Event. (ii) Any Additional Accounts or Additional Collateral Certificates designated to be included as Trust Assets pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 1 contract

Sources: Transfer and Servicing Agreement (First Usa Credit Card Master Trust)

Required Additions. (i) If, (A) as determined on any Determination Date, the Transferor Amount for an Asset Pool for the prior Monthly Period is less than the Required Transferor Amount for such Asset Pool for such prior Monthly Period, the applicable Transferor shall (1) designate Receivables in additional Accounts to be transferred to the Trust (each, an “Additional Account”) for designation pursuant to the applicable Asset Pool One Supplement, (2) designate one or more additional Collateral Certificates to be transferred to the Trust (each, an “Additional Collateral Certificate”) for designation pursuant to the applicable Asset Pool One Supplement or (3) increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Transferor Amount for such Asset Pool for the prior Monthly Period would have been at least equal to the Required Transferor Amount for such Asset Pool for such prior Monthly Period, or (B) as determined on any Determination Date, the Pool Balance for such Asset Pool for the prior Monthly Period is less than the Minimum Pool Balance for such Asset Pool for such prior Monthly Period, the applicable Transferor shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the applicable Asset Pool One Supplement, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the applicable Asset Pool One Supplement or (3) increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Pool Balance for the applicable Asset Pool would have been at least equal to the Minimum Pool Balance for such Asset Pool for the prior Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Transferor Amount and the Pool Balance for an Asset Pool will be determined on a daily basis in accordance with a method to be determined by the Servicer, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Accounts and/or any Additional Collateral Certificates to be transferred to the Trust for designation to a particular Asset Pool One shall be transferred to the Trust and designated for inclusion in such Asset Pool One on or before the thirtieth Business Day following such Determination Date (such date, in connection with the addition of Additional Accounts or Additional Collateral Certificates, the “Addition Date” and in connection with the increase of a Collateral Certificate previously conveyed to the Trust, the “Increase Date”); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day Date following such Determination Date. The failure of the applicable Transferor to increase the Pool Balance or the Transferor Amount for the applicable Asset Pool as provided in this clause (i) solely as a result of the unavailability to the applicable Transferor of a sufficient amount of Additional Accounts and/or Additional Collateral Certificates and/or the inability to increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Agreement; provided that any such failure which has not been timely cured may nevertheless result in the occurrence of an Early Amortization Event. (ii) Any Additional Accounts or Additional Collateral Certificates designated to be included as Trust Assets pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 1 contract

Sources: Transfer and Servicing Agreement (First Usa Credit Card Master Trust)

Required Additions. (i) If, (A) as determined on any Determination Date, the Transferor Amount for an Asset Pool for the prior Monthly Period is less than the Required Transferor Amount for such Asset Pool for such prior Monthly Period, the applicable Transferor shall (1) designate Receivables in additional Accounts to be transferred to the Trust (each, an “Additional Account”) for designation pursuant to the applicable Asset Pool One Supplement, (2) designate one or more additional Collateral Certificates to be transferred to the Trust (each, an “Additional Collateral Certificate”) for designation pursuant to the applicable Asset Pool One Supplement or (3) increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Transferor Amount for such Asset Pool for the prior Monthly Period would have been at least equal to the Required Transferor Amount for such Asset Pool for such prior Monthly Period, or (B) as determined on any Determination Date, the Pool Balance for such Asset Pool for the prior Monthly Period is less than the Minimum Pool Balance for such Asset Pool for such prior Monthly Period, the applicable Transferor shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the applicable Asset Pool One Supplement, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the applicable Asset Pool One Supplement or (3) increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Pool Balance for the applicable Asset Pool would have been at least equal to the Minimum Pool Balance for such Asset Pool for the prior Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Transferor Amount and the Pool Balance for an Asset Pool will be determined on a daily basis in accordance with a method to be determined by the Servicer, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Accounts and/or any Additional Collateral Certificates to be transferred to the Trust for designation to a particular Asset Pool One shall be transferred to the Trust and designated for inclusion in such Asset Pool One on or before the thirtieth Business Day following such Determination Date (such date, in connection with the addition of Additional Accounts or Additional Collateral Certificates, the “Addition Date” and in connection with the increase of a Collateral Certificate previously conveyed to the Trust, the “Increase Date”); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day following such Determination Date. The failure of the applicable Transferor to increase the Pool Balance or the Transferor Amount for the applicable Asset Pool as provided in this clause (i) solely as a result of the unavailability to the applicable Transferor of a sufficient amount of Additional Accounts and/or Additional Collateral Certificates and/or the inability to increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Agreement; provided that any such failure which has not been timely cured may nevertheless result in the occurrence of an Early Amortization Event. (ii) Any Additional Accounts or Additional Collateral Certificates designated to be included as Trust Assets pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 1 contract

Sources: Transfer and Servicing Agreement (First Usa Credit Card Master Trust)

Required Additions. (i) If, (A) as determined on any Determination Date, the Asset Pool One Transferor Amount for the prior Monthly Period is less than the Asset Pool One Required Transferor Amount for such prior Monthly Period, the Transferor Issuing Entity shall (1) designate Receivables in additional Accounts to be transferred to the Trust (each, an “Additional Account”) for designation pursuant to the inclusion in Asset Pool One SupplementOne, (2) designate one or more additional Collateral Certificates to be transferred to the Trust for inclusion in Asset Pool One (each, an “Additional Asset Pool One Collateral Certificate”) for designation pursuant to the Asset Pool One Supplement or (3) increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 2.03 in a sufficient amount such that, after giving effect to such addition or increase, the Asset Pool One Transferor Amount for the prior Monthly Period would have been at least equal to the Asset Pool One Required Transferor Amount for such prior Monthly Period, or (B) as determined on any Determination Date, the Asset Pool One Pool Balance for the prior Monthly Period is less than the Asset Pool One Minimum Pool Balance for such prior Monthly Period, the Transferor Issuing Entity shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the Asset Pool One SupplementAccounts for inclusion in Asset Pool One, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement Collateral Certificates for inclusion in Asset Pool One or (3) increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Pool Balance would have been at least equal to the Minimum Pool Balance for the prior Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Transferor Amount and the Pool Balance will be determined on a daily basis in accordance with a method to be determined by the Servicer, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Asset Pool One Accounts and/or any one or more Additional Asset Pool One Collateral Certificates to be transferred to the Trust and designated for designation to inclusion in Asset Pool One shall be transferred to the Trust and designated for inclusion in Asset Pool One One, as applicable, on or before the thirtieth Business Day following such Determination Date (such date, in connection with the addition of Additional Asset Pool One Accounts or one or more Additional Asset Pool One Collateral Certificates, the “Addition Date” and in connection with the increase of a an existing Asset Pool One Collateral Certificate previously conveyed to the TrustCertificate, the “Increase Date”); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day following such Determination Date. The failure of the Transferor to increase the Asset Pool One Transferor Amount or the Asset Pool One Pool Balance or the Transferor Amount as provided in this clause (i) solely as a result of the unavailability to the Transferor of a sufficient amount of Additional Asset Pool One Accounts and/or any Additional Asset Pool One Collateral Certificates and/or the inability to increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Asset Pool One Supplement or the Transfer and Servicing Agreement; provided that any such failure which has not been timely cured may nevertheless result in the occurrence of an Early Amortization Event. (ii) Any Additional Asset Pool One Accounts or Additional Asset Pool One Collateral Certificates designated to be included as Trust Assets in Asset Pool One pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 1 contract

Sources: Asset Pool Supplement

Required Additions. (i) If, (A) as determined on any Determination Date, the Transferor Amount for the prior Monthly Period is less than the Required Transferor Amount for such prior Monthly Period, the Transferor shall (1) designate Receivables in additional Accounts to be transferred to the Trust (each, an “Additional Account”) for designation pursuant to the Asset Pool One Supplement, (2) designate one or more Collateral Certificates to be transferred to the Trust (each, an “Additional Collateral Certificate”) for designation pursuant to the Asset Pool One Supplement or (3) increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Transferor Amount for the prior Monthly Period would have been at least equal to the Required Transferor Amount for such prior Monthly Period, or (B) as determined on any Determination Date, the Pool Balance for the prior Monthly Period is less than the Minimum Pool Balance for such prior Monthly Period, the Transferor shall shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement or (3) increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Pool Balance would have been at least equal to the Minimum Pool Balance for the prior Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Transferor Amount and the Pool Balance will be determined on a daily basis in accordance with a method to be determined by the Servicer, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Accounts and/or any Additional Collateral Certificates to be transferred to the Trust for designation to Asset Pool One shall be transferred to the Trust and designated for inclusion in Asset Pool One on or before the thirtieth Business Day following such Determination Date (such date, in connection with the addition of Additional Accounts or Additional Collateral Certificates, the “Addition Date” and in connection with the increase of a Collateral Certificate previously conveyed to the Trust, the “Increase Date”); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day following such Determination Date. The failure of the Transferor to increase the Pool Balance or the Transferor Amount as provided in this clause (i) solely as a result of the unavailability to the Transferor of a sufficient amount of Additional Accounts and/or Additional Collateral Certificates and/or the inability to increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Agreement; provided that any such failure which has not been timely cured may nevertheless result in the occurrence of an Early Amortization Event. (ii) Any Additional Accounts or Additional Collateral Certificates designated to be included as Trust Assets pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 1 contract

Sources: Transfer and Servicing Agreement

Required Additions. (i) If, (A) as determined on any Determination Date, the Asset Pool One Transferor Amount for the prior Monthly Period is less than the Asset Pool One Required Transferor Amount for such prior Monthly Period, the Transferor Issuing Entity shall (1) designate Receivables in additional Accounts to be transferred to the Trust (each, an “Additional Account”) for designation pursuant to the inclusion in Asset Pool One SupplementOne, (2) designate one or more additional Collateral Certificates to be transferred to the Trust for inclusion in Asset Pool One (each, an “Additional Asset Pool One Collateral Certificate”) for designation pursuant to the Asset Pool One Supplement or (3) increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 2.03 in a sufficient amount such that, after giving effect to such addition or increase, the Asset Pool One Transferor Amount for the prior Monthly Period would have been at least equal to the Asset Pool One Required Transferor Amount for such prior Monthly Period, or (B) as determined on any Determination Date, the Asset Pool One Pool Balance for the prior Monthly Period is less than the Asset Pool One Minimum Pool Balance for such prior Monthly Period, the Transferor Issuing Entity shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the Asset Pool One SupplementAccounts for inclusion in Asset Pool One, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement Collateral Certificates for inclusion in Asset Pool One or (3) increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 2.03 in a sufficient amount such that, after giving effect to such addition or increase, the Asset Pool One Pool Balance would have been at least equal to or greater than the Asset Pool One Minimum Pool Balance for the such prior Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Asset Pool One Transferor Amount and the Asset Pool One Pool Balance will be determined on a daily basis in accordance with a method to be determined by the ServicerTransferor, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Asset Pool One Accounts and/or any one or more Additional Asset Pool One Collateral Certificates to be transferred to the Trust and designated for designation to inclusion in Asset Pool One shall be transferred to the Trust and designated for inclusion in Asset Pool One One, as applicable, on or before the thirtieth Business Day following such Determination Date (such date, in connection with the addition of Additional Asset Pool One Accounts or one or more Additional Asset Pool One Collateral Certificates, the “Addition Date” and in connection with the increase of a an existing Asset Pool One Collateral Certificate previously conveyed to the TrustCertificate, the “Increase Date”); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day following such Determination Date. The failure of the Transferor to increase the Asset Pool One Transferor Amount or the Asset Pool One Pool Balance or the Transferor Amount as provided in this clause (i) solely as a result of the unavailability to the Transferor of a sufficient amount of Additional Asset Pool One Accounts and/or any Additional Asset Pool One Collateral Certificates and/or the inability to increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Asset Pool One Supplement or the Transfer and Servicing Agreement; provided that any such failure which has not been timely cured may nevertheless result in the occurrence of an Early Amortization Event. (ii) Any Additional Asset Pool One Accounts or Additional Asset Pool One Collateral Certificates designated to be included as Trust Assets in Asset Pool One pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 1 contract

Sources: Asset Pool One Supplement (Jpmorgan Chase Bank, National Association)

Required Additions. (i) If, (A) as determined on any Determination Date, the Asset Pool One Transferor Amount for the prior Monthly Period is less than the Asset Pool One Required Transferor Amount for such prior Monthly Period, the Transferor Issuing Entity shall (1) designate Receivables in additional Accounts to be transferred to the Trust for inclusion in Asset Pool One (each, an “Additional Account”) for designation pursuant to the Asset Pool One SupplementAccount”), (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for inclusion in Asset Pool One (each, an “Additional Asset Pool One Collateral Certificate”) for designation pursuant to the Asset Pool One Supplement or (3) increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 2.3 in a sufficient amount such that, after giving effect to such addition or increase, the Asset Pool One Transferor Amount for the prior Monthly Period would have been at least equal to the Asset Pool One Required Transferor Amount for such prior Monthly Period, or (B) as determined on any Determination Date, the Asset Pool One Pool Balance for the prior Monthly Period is less than the Asset Pool One Minimum Pool Balance for such prior Monthly Period, the Transferor Issuing Entity shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the Asset Pool One SupplementAccounts for inclusion in Asset Pool One, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement Collateral Certificates for inclusion in Asset Pool One or (3) increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 2.3 in a sufficient amount such that, after giving effect to such addition or increase, the Asset Pool One Pool Balance would have been at least equal to or greater than the Asset Pool One Minimum Pool Balance for the such prior Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Asset Pool One Transferor Amount and the Asset Pool One Pool Balance will be determined on a daily basis in accordance with a method to be determined by the ServicerTransferor, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Asset Pool One Accounts and/or any Additional Asset Pool One Collateral Certificates to be transferred to the Trust and designated for designation to inclusion in Asset Pool One shall be transferred to the Trust and designated for inclusion in Asset Pool One One, as applicable, on or before the thirtieth Business Day following such Determination Date (such date, in connection with the addition of Additional Asset Pool One Accounts or Additional Asset Pool One Collateral Certificates, the “Addition Date” and in connection with the increase of a an existing Asset Pool One Collateral Certificate previously conveyed to the TrustCertificate, the “Increase Date”); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day following such Determination Date. The failure of the any Transferor to increase the Asset Pool One Transferor Amount or the Asset Pool One Pool Balance or the Transferor Amount as provided in this clause (i) solely as a result of the unavailability to the such Transferor of a sufficient amount of Additional Asset Pool One Accounts and/or Additional Asset Pool One Collateral Certificates and/or the inability to increase the Invested Amount of one or more existing Asset Pool One Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Asset Pool One Supplement or the Transfer and Servicing Agreement; provided that any such failure which has not been timely cured may nevertheless result in the occurrence of an Early Amortization Event. (ii) Any Additional Asset Pool One Accounts or Additional Asset Pool One Collateral Certificates designated to be included as Trust Assets in Asset Pool One pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 1 contract

Sources: Asset Pool Supplement (First Usa Credit Card Master Trust)

Required Additions. (i) If, at the end of any Monthly Period, (Aa) as determined on any Determination Date, the Transferor Amount for such Monthly Period and for the prior Monthly Period is less than the Required Transferor Amount for each such prior Monthly Period or (b) the Pool Balance for such Monthly Period is less than the Required Pool Balance for such Monthly Period, the Transferor shall (1) designate transfer Receivables in additional Aggregate Addition Accounts to be transferred to the Trust (each, an “Additional Account”) for designation pursuant to the Asset Pool One SupplementTrust, (2) designate transfer one or more Collateral Certificates to be transferred to the Trust (each, an “Additional Collateral Certificate”) for designation pursuant to the Asset Pool One Supplement or (3) increase cause to be increased the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 or Section 2.12 in a sufficient amount such that, after giving effect to such addition or increase, the Transferor Amount for the prior such Monthly Period would have been is at least equal to the Required Transferor Amount for such prior Monthly Period, or (B) as determined on any Determination Date, Period and the Pool Balance for the prior Monthly Period is less than the Minimum Pool Balance for such prior Monthly Period, the Transferor shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the Asset Pool One Supplement or (3) increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Pool Balance would have been at least equal to the Minimum Required Pool Balance for the prior such Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Transferor Amount and the Pool Balance will be determined on a daily basis in accordance with a method to be determined by the Servicer, subject to satisfaction of the Note Rating Agency Condition. Any transfer of Receivables in any Aggregate Addition Accounts to the Trust and/or any transfer of Collateral Certificates to the Trust and/or any increase in the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Accounts and/or any Additional Collateral Certificates to be transferred to the Trust for designation to Asset Pool One shall be transferred to the Trust and designated for inclusion in Asset Pool One on or before the thirtieth Business Day following the end of such Determination Date (such date, in connection with the addition of Additional Accounts or Additional Collateral Certificates, the “Addition Date” and in connection with the increase of a Collateral Certificate previously conveyed to the Trust, the “Increase Date”); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day following such Determination DateMonthly Period. The failure of the Transferor to increase the Transferor Amount or the Pool Balance or the Transferor Amount as provided in this clause (i) solely as a result of the unavailability to the Transferor of a sufficient amount of Additional Accounts Receivables and/or Additional Collateral Certificates and/or the inability to increase cause to be increased the Invested Amount of one or more existing Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Agreement; provided that any such failure which has not been timely cured (as specified in the related Indenture Supplement) may nevertheless result in the occurrence of an Early Amortization Event with respect to each Series for which, pursuant to the Indenture Supplement therefor, a failure by the Transferor to convey additional Trust Assets to the Trust or cause to be increased the Invested Amount of an existing Collateral Certificate by the day on which it is required to do so pursuant to this subsection 2.13(a) constitutes an “Early Amortization Event” (as defined in such Indenture Supplement). (ii) Any Additional Aggregate Addition Accounts or Additional Collateral Certificates designated to be included as part of the Trust Assets pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 1 contract

Sources: Transfer and Servicing Agreement (American Express Issuance Trust)

Required Additions. (i) If, (A) as determined on any Determination Date, the Transferor Amount for an Asset Pool for the prior Monthly Period is less than the Required Transferor Amount for such Asset Pool for such prior Monthly Period, the applicable Transferor shall (1) designate Receivables in additional Accounts to be transferred to the Trust (each, an "Additional Account") for designation pursuant to the applicable Asset Pool One Supplement, (2) designate one or more additional Collateral Certificates to be transferred to the Trust (each, an "Additional Collateral Certificate") for designation pursuant to the applicable Asset Pool One Supplement or (3) increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Transferor Amount for such Asset Pool for the prior Monthly Period would have been at least equal to the Required Transferor Amount for such Asset Pool for such prior Monthly Period, or (B) as determined on any Determination Date, the Pool Balance for such Asset Pool for the prior Monthly Period is less than the Minimum Pool Balance for such Asset Pool for such prior Monthly Period, the applicable Transferor shall (1) designate Receivables in Additional Accounts to be transferred to the Trust for designation pursuant to the applicable Asset Pool One Supplement, (2) designate one or more Additional Collateral Certificates to be transferred to the Trust for designation pursuant to the applicable Asset Pool One Supplement or (3) increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust pursuant to Section 2.11 in a sufficient amount such that, after giving effect to such addition or increase, the Pool Balance for the applicable Asset Pool would have been at least equal to the Minimum Pool Balance for such Asset Pool for the prior Monthly Period; provided, however, that in the event of a Servicer Rating Event, the Transferor Amount and the Pool Balance for an Asset Pool will be determined on a daily basis in accordance with a method to be determined by the Servicer, subject to satisfaction of the Note Rating Agency Condition. Any increase in the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust shall occur and/or designation of Receivables in any Additional Accounts and/or any Additional Collateral Certificates to be transferred to the Trust for designation to a particular Asset Pool One shall be transferred to the Trust and designated for inclusion in such Asset Pool One on or before the thirtieth Business Day following such Determination Date (such date, in connection with the addition of Additional Accounts or Additional Collateral Certificates, the "Addition Date" and in connection with the increase of a Collateral Certificate previously conveyed to the Trust, the "Increase Date"); provided, however, that in the event of a Servicer Rating Event, any such Addition Date or Increase Date shall be on or before the tenth Business Day Date following such Determination Date. The failure of the applicable Transferor to increase the Pool Balance or the Transferor Amount for the applicable Asset Pool as provided in this clause (i) solely as a result of the unavailability to the applicable Transferor of a sufficient amount of Additional Accounts and/or Additional Collateral Certificates and/or the inability to increase the Invested Amount of one or more Collateral Certificates previously conveyed to the Trust shall not constitute a breach of this Agreement; provided that any such failure which has not been timely cured may nevertheless result in the occurrence of an Early Amortization Event. (ii) Any Additional Accounts or Additional Collateral Certificates designated to be included as Trust Assets pursuant to clause (i) above may only be so included if the applicable conditions specified in subsection (c) below have been satisfied.

Appears in 1 contract

Sources: Transfer and Servicing Agreement (Chase Manhattan Bank Usa)