Common use of 01(a) Clause in Contracts

01(a). Allocations; Payments to Holder(s) of the BCRC ---------------------------------------------- Certificate and any Supplemental Certificate(s). The provisions of this Section ----------------------------------------------- ------------------------------ 4.01A shall apply only prior to and including the Series 1994-1 Final Payment ----------------------------------------------------------------------------- Date. ---- (a) Except as otherwise provided by the terms of the Agreement, the Servicer, as promptly as possible following receipt, but in no event later than two (2) Business Days following such receipt, shall deposit all Collections (which may be deposited net of the sum of (i) the Variable Funding Percentage of such Collections and (ii) the Excess Retained Percentage of such Collections) into the Collection Account; provided, however, that if Collections are not -------- ------- deposited net of the foregoing amounts, the withdrawals to be made from the Collection Account pursuant to this Article IV do not apply to funds on deposit in the Collection Account with respect to such net amounts. Except as otherwise provided in Article VII or Article VIII hereof, Non-Principal Collections and Principal Collections, Miscellaneous Payments and Defaulted Amounts, as they relate to the Certificates, shall be allocated and distributed as set forth in this Article IV. (b) On each Deposit Date with respect to any Collection Period, the Servicer may instruct the Trustee in writing to withdraw from the Collection Account (or, to the extent not required to be deposited therein pursuant to Section 4.03 of the Agreement, to otherwise make available) and pay to the Holder(s) of the BCRC Certificate and any Supplemental Certificate(s), pro rata --- ---- in accordance with the respective percentage interests thereof, an amount equal to (i) the Excess Retained Percentage of all Collections deposited in the Collection Account for such Deposit Date plus (ii) the Available Retained Collections deposited in the Collection Account for such Deposit Date, if the Pool Balance (determined after giving effect to any Principal Receivables transferred to the Trust on any such Deposit Date) exceeds the Required Pool Balance for the immediately preceding Distribution Date (after giving effect to the allocations, distributions, withdrawals and deposits to be made on the Distribution Date immediately following such Determination Date); provided, -------- however, that Available Retained Collections shall be paid to the Holder(s) of ------- the BCRC Certificate and any Supplemental Certificate(s) with respect to any Collection Period only after an amount equal to the sum of (x) the Deficiency Amount, if any, relating to the immediately preceding Distribution Date and (y) the excess, if any, of the Reserve Fund Required Amount over the amount in the Reserve Fund on the immediately preceding Distribution Date (after giving effect to the allocations of, distributions from, and deposits in, the Reserve Fund on the following Distribution Date), has been deposited in the Collection Account from such Available Retained Collections. The withdrawals to be made from the Collection Account pursuant to this Section 4.01A(b) do not apply to deposits into the Collection Account that do not represent Collections, including Miscellaneous Payments, payment of the purchase price for the Certificates pursuant to Section 2.03 of the Agreement, payment of the purchase price for the Certificates pursuant to Section 7.01 hereof and proceeds from the sale, disposition or liquidation of Receivables pursuant to Section 9.02 or Section 12.02 of the Agreement. (c) The Servicer shall, no later than four (4) Business Days prior to each Distribution Date, instruct the Trustee in writing to withdraw from the Collection Account and deposit into the Reserve Fund on such Distribution Date, with respect to the Revolving Period, the Available Retained Collections on deposit in the Collection Account, up to the amount of the excess, if any, determined pursuant to Section 4.01A(b)(y) hereof.

01(a). Allocations; Payments to Holder(s(a) Section 2.01(a) of the BCRC ---------------------------------------------- Certificate Agreement is hereby amended and any Supplemental Certificate(s). The provisions of this Section ----------------------------------------------- ------------------------------ 4.01A shall apply only prior restated to and including the Series 1994-1 Final Payment ----------------------------------------------------------------------------- Date. ----read in its entirety as follows: (a) Except as otherwise provided by On the terms and subject to the conditions of the this Agreement, the Servicer, as promptly as possible following receipt, but in no event later than two (2) Business Days following such receipt, shall deposit all Collections (which may be deposited net closing of the sum of transactions contemplated hereby shall occur as follows and in the following order: (i) Operating Buyer agrees to purchase, or to cause one of its Affiliates to purchase, directly or indirectly, the Variable Funding Percentage Operating Equity Interests from Operating Seller, and Operating Seller agrees to sell the Operating Equity Interests to Operating Buyer or such Affiliate of such Collections Operating Buyer, free and clear of all Liens other than Permitted Encumbrances, (ii) Holdco Buyer agrees to purchase, or to cause one of its Affiliates to purchase, the Excess Retained Percentage Specified Platform Equity Interests from the Company, and the Company agrees to sell the Specified Platform Equity Interests to Holdco Buyer or such Affiliate of Holdco Buyer, free and clear of all Liens other than Permitted Encumbrances, (iii) Holdco Buyer agrees to purchase, or to cause one of its Affiliates to purchase, the Blocker Units from Blocker Parent, and Blocker Parent agrees to sell the Blocker Units to Holdco Buyer or such CollectionsAffiliate of Holdco Buyer, free and clear of all Liens other than Permitted Encumbrances and (iv) into Holdco Buyer agrees to purchase, or to cause one of its Affiliates to purchase, the Collection Account; providedCompany Seller Interests from the Company Sellers, howeverand the Company Sellers agree to sell the Company Seller Interests to Holdco Buyer or such Affiliate of Holdco Buyer, that if Collections are not -------- ------- deposited net free and clear of all Liens other than Permitted Encumbrances. All of the foregoing amounts, the withdrawals to be made from the Collection Account pursuant to actions and transactions described in clauses (i) through (iv) of this Article IV do not apply to funds on deposit Section 2.01 are reflected in the Collection Account with respect to such net amounts. Except as otherwise provided in Article VII or Article VIII hereof, Non-Principal Collections Schedule 2.01(a) and Principal Collections, Miscellaneous Payments and Defaulted Amounts, as they relate to the Certificates, shall be allocated deemed to have occurred simultaneously, and distributed as set forth in this Article IVno such transaction shall be considered consummated unless all are consummated. No Party shall be obligated to consummate any of the transactions contemplated hereby to occur at Closing, unless all such transactions are consummated contemporaneously.” (b) On each Deposit Date with respect to any Collection Period, the Servicer may instruct the Trustee in writing to withdraw from the Collection Account (or, Schedule 2.01(a) to the extent not required to be deposited therein pursuant to Section 4.03 of the Agreement, to otherwise make available) and pay Agreement is hereby added to the Holder(s) of the BCRC Certificate and any Supplemental Certificate(s), pro rata --- ---- in accordance with the respective percentage interests thereof, an amount equal Agreement to (i) the Excess Retained Percentage of all Collections deposited in the Collection Account for such Deposit Date plus (ii) the Available Retained Collections deposited in the Collection Account for such Deposit Date, if the Pool Balance (determined after giving effect to any Principal Receivables transferred to the Trust read as set forth on any such Deposit Date) exceeds the Required Pool Balance for the immediately preceding Distribution Date (after giving effect to the allocations, distributions, withdrawals and deposits to be made on the Distribution Date immediately following such Determination Date); provided, -------- however, that Available Retained Collections shall be paid to the Holder(s) of ------- the BCRC Certificate and any Supplemental Certificate(s) with respect to any Collection Period only after an amount equal to the sum of (x) the Deficiency Amount, if any, relating to the immediately preceding Distribution Date and (y) the excess, if any, of the Reserve Fund Required Amount over the amount in the Reserve Fund on the immediately preceding Distribution Date (after giving effect to the allocations of, distributions from, and deposits in, the Reserve Fund on the following Distribution Date), has been deposited in the Collection Account from such Available Retained Collections. The withdrawals to be made from the Collection Account pursuant Exhibit A to this Section 4.01A(b) do not apply to deposits into the Collection Account that do not represent Collections, including Miscellaneous Payments, payment of the purchase price for the Certificates pursuant to Section 2.03 of the Agreement, payment of the purchase price for the Certificates pursuant to Section 7.01 hereof and proceeds from the sale, disposition or liquidation of Receivables pursuant to Section 9.02 or Section 12.02 of the AgreementAmendment. (c) The Servicer shall, no later than four (4) Business Days prior to each Distribution Date, instruct the Trustee in writing to withdraw from the Collection Account and deposit into the Reserve Fund on such Distribution Date, with respect to the Revolving Period, the Available Retained Collections on deposit in the Collection Account, up to the amount of the excess, if any, determined pursuant to Section 4.01A(b)(y) hereof.

01(a). Allocations; Payments to Holder(s) of the BCRC ---------------------------------------------- Certificate and any Supplemental Certificate(s). The provisions of this Section ----------------------------------------------- ------------------------------ 4.01A shall apply only prior to and including the Series 1994-1 Final Payment ----------------------------------------------------------------------------- Date. ----. (a) Except as otherwise provided by the terms of the Agreement, the Servicer, as promptly as possible following receipt, but in no event later than two (2) Business Days following such receipt, shall deposit all Collections (which may be deposited net of the sum of (i) the Variable Funding Percentage of such Collections and (ii) the Excess Retained Percentage of such Collections) into the Collection Account; provided, however, that if Collections are not -------- ------- deposited net of the foregoing amounts, the withdrawals to be made from the Collection Account pursuant to this Article IV do not apply to funds on deposit in the Collection Account with respect to such net amounts. Except as otherwise provided in Article VII or Article VIII hereof, Non-Non- Principal Collections and Principal Collections, Miscellaneous Payments and Defaulted Amounts, as they relate to the Certificates, shall be allocated and distributed as set forth in this Article IV. (b) On each Deposit Date with respect to any Collection Period, the Servicer may instruct the Trustee in writing to withdraw from the Collection Account (or, to the extent not required to be deposited therein pursuant to Section 4.03 of the Agreement, to otherwise make available) and pay to the Holder(s) of the BCRC Certificate and any Supplemental Certificate(s), pro rata --- ---- in accordance with the respective percentage interests thereof, an amount equal to (i) the Excess Retained Percentage of all Collections deposited in the Collection Account for such Deposit Date plus (ii) the Available Retained Collections deposited in the Collection Account for such Deposit Date, if the Pool Balance (determined after giving effect to any Principal Receivables transferred to the Trust on any such Deposit Date) exceeds the Required Pool Balance for the immediately preceding Distribution Date (after giving effect to the allocations, distributions, withdrawals and deposits to be made on the Distribution Date immediately following such Determination Date); provided, -------- however, that Available Retained Collections shall be paid to the Holder(s) of ------- the BCRC Certificate and any Supplemental Certificate(s) with respect to any Collection Period only after an amount equal to the sum of (x) the Deficiency Amount, if any, relating to the immediately preceding Distribution Date and (y) the excess, if any, of the Reserve Fund Required Amount over the amount in the Reserve Fund on the immediately preceding Distribution Date (after giving effect to the allocations of, distributions from, and deposits in, the Reserve Fund on the following Distribution Date), has been deposited in the Collection Account from such Available Retained Collections. The withdrawals to be made from the Collection Account pursuant to this Section 4.01A(b) do not apply to deposits into the Collection Account that do not represent Collections, including Miscellaneous Payments, payment of the purchase price for the Certificates pursuant to Section 2.03 of the Agreement, payment of the purchase price for the Certificates pursuant to Section 7.01 hereof and proceeds from the sale, disposition or liquidation of Receivables pursuant to Section 9.02 or Section 12.02 of the Agreement. (c) The Servicer shall, no later than four (4) Business Days prior to each Distribution Date, instruct the Trustee in writing to withdraw from the Collection Account and deposit into the Reserve Fund on such Distribution Date, with respect to the Revolving Period, the Available Retained Collections on deposit in the Collection Account, up to the amount of the excess, if any, determined pursuant to Section 4.01A(b)(y) hereof.the