LETTER
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Mail Stop 3561
March 8, 2006
Via Fax and U.S. Mail
Mark I. Kleinman
Senior Vice President
JPMorgan Chase Bank, National Association
270 Park Avenue
New York, NY 10017
Re: JPMorgan Chase Bank, National Association
Registration Statement on Form S-3
Filed February 10, 2006
File No. 333-131760
Dear Mr. Kleinman,
We have limited our review of your filing for compliance
with
Regulation AB. Please note that our limited review covers only
those
issues addressed in the comments below. Please also note that our
comments to either the base prospectus and/or the supplement
should
be applied universally, if applicable.
Where indicated, we think you should revise your document in
response to these comments. If you disagree, we will consider
your
explanation as to why our comment is inapplicable or a revision is
unnecessary. Please be as detailed as necessary in your
explanation.
In some of our comments, we may ask you to provide us with
supplemental information so that we can better understand your
disclosure. After reviewing this information, we may raise
additional comments.
The purpose of our review process is to assist you in your
compliance with the applicable disclosure requirements and to
enhance
the overall disclosure in your filing. We look forward to working
with you in these respects and welcome any questions you may have
about our comments or on any other aspect of our review. Feel
free
to call us at the telephone numbers listed at the end of this
letter.
Registration Statement on Form S-3
General
1. Please confirm that the depositor or any issuing entity
previously
established, directly or indirectly, by the depositor or any
affiliate of the depositor has been current and timely with
Exchange
Act reporting during the last twelve months with respect to asset-
backed securities involving the same asset class. Please refer to
General Instruction I.A.4. of Form S-3. Also, please provide us
with
the CIK codes for any affiliate of the depositor that has offered
a
class of asset-backed securities involving the same asset class as
this offering.
2. Please confirm that all material terms to be included in the
finalized agreements will also be disclosed in the final Rule
424(b)
prospectus, or that finalized agreements will be filed
simultaneously
with or prior to the final prospectus. Refer to Item 1100(f) of
Regulation AB.
3. Please also confirm that you will file unqualified legal and
tax
opinions at the time of each takedown.
4. We note from page 3 of the base prospectus that property of the
trust may include several specific types of accounts or "any other
account identified in the prospectus supplement." Please note
that a
takedown off of a shelf that involves assets, structural features,
credit enhancement or other features that were not described in
the
base prospectus will usually require either a new registration
statement, if to include additional assets, or a post-effective
amendment. Refer to Rule 409 of the Securities Act, which
requires
that the registration statement be complete at the time of
effectiveness, except for information that is not known or
reasonably
available. Please confirm for us that the base prospectus
includes
all assets, credit enhancement or other structural features
reasonably contemplated to be included in an actual takedown and
revise to remove the language noted above.
5. When available, please provide us with a copy of your updated
sale
and servicing agreement, marked to show changes from the prior
sale
and servicing agreement, including any changes made to comply with
Regulation AB.
Prospectus Supplement
Cover Page
6. When referring to transaction parties, please use the
terminology
set out in Regulation AB. Please refer to Item 1101(f) of
Regulation
AB for the definition of issuing entity. In this regard, please
revise your cover page, including the second to last sentence
above
the first legend, to refer to the issuing entity. Refer to Item
1102(d) of Regulation AB.
7. Please expand your credit enhancement disclosure to provide
bracketed language identifying the yield supplement agreements you
may use. See Item 1102(h) of Regulation AB.
Static Pool Data, page S-25
8. We note that you have not identified the website address for
the
static pool information. Please disclose when you expect the
website
will be operable.
Base Prospectus
The Trusts, page 11
9. We note from your disclosure on page 12 that the amount
deposited
into a pre-funding account will not exceed 50% of the "aggregate
principal balance of the trust`s motor vehicle loans, ... ."
Please
revise to clarify, if true, that any prefunding amount will not
exceed 50% of "the proceeds of the offering." Refer to Item
1101(c)(3)(ii) of Regulation AB.
Credit and Other Enhancements, page 33
10. We note that credit and cash flow enhancement may be in the
form
of repurchase or put obligations under which a trust may put motor
vehicle loans or securities to a third party for a fixed amount.
Please provide us with more detail regarding these obligations and
confirm that only the trust, and not the investors, has the right
to
exercise such puts.
11. We note that the disclosure in the second to last sentence of
this section indicates that credit or cash flow enhancement for
the
securities issued by a trust may cover one or more other classes
of
securities issued by another trust. Please revise to better
explain
the meaning of this sentence or confirm to us that you do not
intend
to use any assets, cash flows from assets or credit enhancement
included in one trust fund to act as credit enhancement for a
separate trust.
Payments on the Securities, page 34
12. While we note that you have identified several indices on
which
interest payments on the securities may be based, please either
revise to remove the language indicating that "another rate set
forth
in the prospectus supplement" may be used or confirm that in any
case
they will be indices that reflect payments of interest based on
debt
transactions and not based on a securities or commodities index.
* * * * *
As appropriate, please amend your registration statement in
response to these comments. You may wish to provide us with
marked
copies of the amendment to expedite our review. Please furnish a
cover letter with your amendment that keys your responses to our
comments and provides any requested information. Detailed cover
letters greatly facilitate our review. Please understand that we
may
have additional comments after reviewing your amendment and
responses
to our comments.
We urge all persons who are responsible for the accuracy and
adequacy of the disclosure in the filing to be certain that the
filing includes all information required under the Securities Act
of
1933 and that they have provided all information investors require
for an informed investment decision. Since the company and its
management are in possession of all the facts relating to a
company`s
disclosure, they are responsible for the accuracy and adequately
of
the disclosures they have made.
Notwithstanding our comments, in the event the company
requests
acceleration of the effective date of the pending registration
statement, it should furnish a letter, at the time of such
request,
acknowledging that:
* should the Commission or the staff, acting pursuant to delegated
authority, declare the filing effective, it does not foreclose the
Commission from taking any action with respect to the filing;
* the action of the Commission or the staff, acting pursuant to
delegated authority, in declaring the filing effective, does not
relieve the company from its full responsibility for the adequacy
and
accuracy of the disclosure in the filing; and
* the company may not assert staff comments and the declaration of
effectiveness as a defense in any proceeding initiated by the
Commission or any person under the federal securities laws of the
United States.
In addition, please be advised that the Division of
Enforcement
has access to all information you provide to the staff of the
Division of Corporation Finance in connection with our review of
your
filing or in response to our comments on your filing.
We will consider a written request for acceleration of the
effective date of the registration statement as a confirmation of
the
fact that those requesting acceleration are aware of their
respective
responsibilities under the Securities Act of 1933 and the
Securities
Exchange Act of 1934 as they relate to the proposed public
offering
of the securities specified in the above registration statement.
We
will act on the request and, pursuant to delegated authority,
grant
acceleration of the effective date.
We direct your attention to Rule 461 regarding requesting
acceleration of a registration statement. Please allow adequate
time
after the filing of any amendment for further review before
submitting a request for acceleration. Please provide this
request
at least two business days in advance of the requested effective
date.
If you have any questions regarding these comments, you may
contact Susan Min at (202) 551-3727. If you need further
assistance,
you may contact me at (202) 551-3454.
Sincerely,
Sara Kalin
Branch Chief - Legal
cc: Via Facsimile (212) 455-2502
Ms. Laura Palma, Esq.
Simpson Thacher & Bartlett LLP
Telephone: (212) 455-2000
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Mr. Mark Kleinman
JPMorgan Chase Bank
March 8, 2006
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