Additional Deposits and Payments. (a) On each Payment Date, the Servicer and the Seller will deposit into the Collection Account the aggregate Repurchase Price with respect to Receivables purchased by the Servicer pursuant to Section 4.07 or the Seller pursuant to Section 3.03 (or pursuant to Section 3.3 of the Receivables Purchase Agreement), respectively, and the Servicer will deposit into the Collection Account all amounts, if any, to be paid under Section 9.01 in connection with the Optional Purchase. All such deposits with respect to a Payment Date will be made, in immediately available funds by 11:00 a.m. (New York City time) on such Payment Date. (b) If the sum of the amounts required to be distributed pursuant to subsections (i) through (vii) of Section 5.04(a) above exceeds Collections received by the Servicer during such Collection Period and the aggregate Repurchase Price deposited in the Collection Account with respect to each Receivable that will be purchased by the Depositor or Servicer on or before that Payment Date, the Indenture Trustee will withdraw from the Reserve Account and deposit in the Collection Account no later than the opening of business on the related Payment Date for distribution in accordance with the priority of payments an amount equal to the lesser of the Reserve Account Excess Amount, if any, and the Reserve Account Draw Amount, if any (if such amount is set forth in the applicable Servicer’s Monthly Certificate) and deposit such amount in the Collection Account. (c) On the Closing Date the Seller will deposit (or cause to be deposited) into the Reserve Account an amount equal to the Initial Reserve Account Deposit Amount. The Indenture Trustee shall receive written instructions from the Servicer (which will be in the form of the Servicer’s Monthly Certificate) directing the Indenture Trustee to make the foregoing deposits and payments
Appears in 4 contracts
Samples: Sale and Servicing Agreement (California Republic Funding LLC), Sale and Servicing Agreement (California Republic Funding LLC), Sale and Servicing Agreement (California Republic Funding LLC)
Additional Deposits and Payments. (a) On each Payment Date, the Servicer and the Seller will deposit into the Collection Account the aggregate Repurchase Price with respect to Receivables purchased by the Servicer pursuant to Section 4.07 or the Seller pursuant to Section 3.03 (or pursuant to Section 3.3 of the Receivables Purchase Agreement), respectively, and the Servicer will deposit into the Collection Account all amounts, if any, to be paid under Section 9.01 in connection with the Optional Purchase. All such deposits with respect to a Payment Date will be made, in immediately available funds by 11:00 a.m. (New York City time) on such Payment Date.
(b) If the sum of the amounts required to be distributed pursuant to subsections (i) through (vii) of Section 5.04(a) above exceeds Collections received by the Servicer during such Collection Period and the aggregate Repurchase Price deposited in the Collection Account with respect to each Receivable that will be purchased by the Depositor or Servicer on or before that Payment Date, the Indenture Trustee will withdraw from the Reserve Account and deposit in the Collection Account no later than the opening of business on the related Payment Date for distribution in accordance with the priority of payments an amount equal to the lesser of the Reserve Account Excess Amount, if any, and the Reserve Account Draw Amount, if any (if such amount is set forth in the applicable Servicer’s Monthly Certificate) and deposit such amount in the Collection Account.
(c) On the Closing Date the Seller will deposit (or cause to be deposited) into the Reserve Account an amount equal to the Initial Reserve Account Deposit Amount. The Indenture Trustee shall receive written instructions from the Servicer (which will be in the form of the Servicer’s Monthly Certificate) directing the Indenture Trustee to make the foregoing deposits and payments
Appears in 3 contracts
Samples: Sale and Servicing Agreement (California Republic Funding LLC), Sale and Servicing Agreement (California Republic Funding LLC), Sale and Servicing Agreement (California Republic Funding LLC)
Additional Deposits and Payments. (a) On each Payment Date, the Servicer and the Seller will deposit into the Collection Account the aggregate Repurchase Price with respect to Receivables purchased by the Servicer pursuant to Section 4.07 or the Seller pursuant to Section 3.03 (or pursuant to Section 3.3 3.03 of the Receivables Purchase Agreement), respectively, and the Servicer will deposit into the Collection Account all amounts, if any, to be paid under Section 9.01 in connection with the Optional Purchase. All such deposits with respect to a Payment Date will be made, in immediately available funds by 11:00 a.m. (New York City time) on such Payment Date.
(b) If the sum of the amounts required to be distributed pursuant to subsections (i) through (vii) of Section 5.04(a) above exceeds Collections received by the Servicer during such Collection Period and the aggregate Repurchase Price deposited in the Collection Account with respect to each Receivable that will be purchased by the Depositor or Servicer on or before that Payment Date, the Indenture Trustee will withdraw from the Reserve Account and deposit in the Collection Account no later than the opening of business on the related Payment Date for distribution in accordance with the priority of payments an amount equal to the lesser of the Reserve Account Excess Amount, if any, and the Reserve Account Draw Amount, if any (if such amount is set forth in the applicable Servicer’s Monthly Certificate) and deposit such amount in the Collection Account.
(c) On the Closing Date the Seller will deposit (or cause to be deposited) into the Reserve Account an amount equal to the Initial Reserve Account Deposit Amount. The Indenture Trustee shall receive written instructions from the Servicer (which will be in the form of the Servicer’s Monthly Certificate) directing the Indenture Trustee to make the foregoing deposits and payments
Appears in 2 contracts
Samples: Sale and Servicing Agreement, Sale and Servicing Agreement (California Republic Auto Receivables Trust 2015-1)
Additional Deposits and Payments. (a) On each Payment Datethe date of a repurchase of a Contract by the Seller pursuant to Section 2.1 or Section 2.3, or the purchase of a Contract by the Servicer pursuant to Section 3.6, as applicable, the Servicer and or the Seller Seller, as applicable, will deposit into the Collection Account the aggregate Repurchase Price with respect to Receivables Repurchased Contracts purchased by the Servicer pursuant to Section 4.07 or the Seller pursuant to Section 3.03 (or pursuant to Section 3.3 of the Receivables Purchase Agreement), respectively, on such date and the Servicer will deposit into the Collection Account all amounts, if any, amounts to be paid under Section 9.01 in connection with the Optional Purchase8.1. All such deposits with respect to any such date which is a Payment Date will be made, in immediately available funds by 11:00 a.m. (noon, New York City time) , on such Payment DateDate related to such Collection Period.
(b) If With respect to any Payment Date, after giving effect to amounts on deposit in the Collection Account and the Reserve Account, if any, if (i) there are insufficient funds available to make the required payments under clauses first through fifth and seventh of Section 4.4(a), (ii) the Note Balance of the Class A Notes (after taking into account all distributions of principal to be made on that Payment Date) exceeds the sum of the Pool Balance and the amount on deposit in the Pre-Funding Account or (iii) the current Payment Date is the Final Scheduled Payment Date for any Class of Notes and there are insufficient funds to pay the outstanding principal balance of such Class of Notes; then in each such case (after taking into account all distributions of principal on that Payment Date) the Indenture Trustee shall (X) withdraw from the Reserve Account all amounts required on deposit therein necessary to pay the amounts described above and (Y) if necessary after giving effect to clause (X), make a draw on the Reserve Account Letter or Letters of Credit pursuant to Section 4.8 equal to the remaining amount of such deficiency by presenting a signed credit demand certifying the amount to be distributed pursuant to subsections (i) through (vii) drawn at each Reserve Account Letter of Section 5.04(a) above exceeds Collections received by the Servicer during Credit Bank’s offices, and deposit such Collection Period and the aggregate Repurchase Price deposited amount in the Collection Account to be used solely for the payments described above, as applicable. In addition, after the occurrence of a Trigger Event, the Indenture Trustee shall, if the Insurer so directs, use the amounts available in the Reserve Account and shall make a draw under all Reserve Account Letters of Credit for the full amounts available under such Reserve Account Letters of Credit (after giving effect to any withdrawals from the Reserve Account and/or draws on any Reserve Account Letters of Credit required under clause (i) of this paragraph (b)) to make the payments described under clause eleventh in Section 4.4(a).
(c) If there are multiple Reserve Account Letters of Credit, the Indenture Trustee shall make a draw on each Reserve Account Letter of Credit in an amount equal to its pro rata share of the shortfall, and if a Reserve Account Letter of Credit Bank fails to honor a draw request presented to it by the Indenture Trustee, the Indenture Trustee shall make a draw on each remaining Reserve Account Letter of Credit in an amount equal to the lesser of: (i) the related Reserve Account Letter of Credit Bank’s pro rata share of the shortfall (taking into account only the non-defaulting Reserve Account Letter of Credit Banks) and (ii) the face amount of such Reserve Account Letter of Credit. The Indenture Trustee shall deposit the proceeds of such draws in the Collection Account for distribution as provided in Section 4.3(b).
(d) If, on any Payment Date, so long as there has not been an occurrence of a Reserve Event which is not Deemed Cured, the Reserve Amount (after giving effect to all other additions thereto and reductions thereof made on such Payment Date, including with respect to each Receivable that will be purchased by Section 4.3(b) and Section 4.3(c)) exceeds the Depositor or Servicer Specified Reserve Amount on or before that such Payment Date, the Indenture Trustee will withdraw shall, upon the direction of the Servicer, reduce the cash balance of the Reserve Account by the amount, if any, by which the Reserve Amount (after giving effect to all other additions thereto and reductions thereto made on such Payment Date) exceeds the Specified Reserve Amount by withdrawing such amount from the Reserve Account and depositing it into the Residual Interest Account; provided, however, that in no event shall the amount on deposit in the Collection Reserve Account no later be less than zero after giving effect to such distribution. To the opening extent that the Reserve Amount (after giving effect to all other additions thereto and reductions thereto made on such Payment Date) exceeds the Specified Reserve Amount after the withdrawal of business on the related Payment Date for distribution amount of cash specified by the Servicer in accordance with the priority preceding sentence, if any, the Indenture Trustee shall, upon the direction of payments the Servicer and notice to the Insurer, authorize the Reserve Account Letter of Credit Bank or any other bank that has issued a Reserve Account Letter of Credit to decrease the stated amount of such Reserve Account Letter of Credit by an amount equal to such excess.
(e) The Indenture Trustee will, on the lesser Payment Date relating to each Collection Period, withdraw from the Pre-Funding Account the investment income accrued during such Collection Period from the investment of the Reserve Account Excess Amount, if any, and the Reserve Account Draw Amount, if any (if such amount is set forth funds in the applicable Servicer’s Monthly Certificate) Pre-Funding Account and deposit such amount in the Collection Account.
(cf) On the Closing Date, the Seller will cause the Reserve Amount to equal the Initial Reserve Amount either through (i) a cash deposit to the Reserve Account, (ii) causing a Reserve Account Letter of Credit Bank to issue a Reserve Account Letter of Credit or (iii) any combination thereof.
(g) On each Funding Date, the Seller will increase the Reserve Amount by the Subsequent Reserve Amount for such Funding Date, through (i) a cash deposit to the Reserve Account from the Pre-Funding Account in accordance with Section 4.3(j)(i), (ii) causing the Reserve Account Letter of Credit Banks to issue additional Reserve Account Letters of Credit or to increase the face amount of available Reserve Account Letters of Credit, or (iii) any combination thereof.
(h) On the Closing Date the Seller shall deposit from the proceeds of the offering of the Notes an amount equal to the Capitalized Interest Account Deposit into the Capitalized Interest Account.
(i) On the Payment Dates occurring in April 2007, May 2007, June 2007, July 2007, August 2007 and September 2007, the Indenture Trustee shall withdraw, in immediately available funds, from the Capitalized Interest Account the Monthly Capitalized Interest Amount for such Payment Date and deposit such amount in the Collection Account as Available Funds for distribution on such Payment Date pursuant to Section 4.4(a).
(ii) On the Payment Dates occurring in April 2007, May 2007, June 2007, July 2007, August 2007 and September 2007, the Servicer shall instruct the Indenture Trustee in writing to withdraw from the Capitalized Interest Account and pay to the Seller on such Payment Date an amount equal to the Overfunded Capitalized Interest Amount for such Payment Date. Any amounts remaining in the Capitalized Interest Account on the Payment Date which immediately follows the end of the Funding Period after taking into account the transfer pursuant to Section 4.3(i)(i) shall be remitted by the Indenture Trustee to the Seller. Upon any such distributions to the Seller, the Noteholders, the Residual Interestholders and the Insurer will have no further rights in, or claims to, such amounts.
(j) On the Closing Date, the Seller shall deposit from the proceeds of the offering of the Notes an amount equal to $450,955,536.40 into the Pre-Funding Account.
(or cause i) On each Funding Date, the Servicer may instruct the Indenture Trustee in writing to deduct from the Contracts Purchase Price to be depositedpaid to the Seller on such Funding Date and withdraw from the Pre-Funding Account, at the direction of the Issuer, amounts in respect of a portion or all of the Subsequent Reserve Amount for such Funding Date and to deposit such amounts in the Reserve Account upon satisfaction of the conditions set forth in this Agreement with respect to such transfer.
(ii) On the first Payment Date following the termination of the Funding Period, the Indenture Trustee shall, based on the information set forth in the related Servicer’s Certificate, withdraw any remaining funds on deposit in the Pre-Funding Account (excluding investment earnings or income) and deposit those amounts in the Note Distribution Account for distribution as principal to the Noteholders in an amount equal to the amount of such funds as follows: (A) if the aggregate amount of such funds is greater than $100,000, to the Noteholders, their pro rata portion of such funds (based on the Initial Note Balance of each Class of Notes as a fraction of the Initial Note Balance of all Classes of Notes); or (B) if the aggregate amount of such funds is less than or equal to $100,000, to the Noteholders, the portion of such funds in sequential order of priority beginning with the Class A-1 Notes.
(k) On or prior to the third Business Day preceding each Determination Date, the Indenture Trustee shall send a written notice to the Servicer stating the amount of investment income earned, if any, during the related Collection Period on each Trust Account maintained at the Indenture Trustee.
(l) The Indenture Trustee will promptly, but in no event later than noon (New York City time) on the related Payment Date, deposit into the Collection Account all Net Swap Receipts received by it under the Interest Rate Swap Agreement in immediately available funds.
(m) On any Payment Date, the Seller may, upon five (5) days prior written notice to the Insurer and subject to the prior written consent of the Insurer (which consent shall not be unreasonably withheld), the Indenture Trustee, the Backup Servicer and the Owner Trustee, either (i) increase the face amount of an existing Reserve Account Letter of Credit or (ii) substitute a Reserve Account Letter of Credit for amounts currently on deposit in the Reserve Account. Upon such increase or substitution, the Indenture Trustee shall withdraw from the Reserve Account an amount equal to the Initial amount of such increase (in the case of clause (i)) or the face amount of the substitute Reserve Account Deposit Amount. The Indenture Trustee shall receive written instructions from the Servicer Letter of Credit (which will be in the form case of clause (ii)) and allocate such amount in the Servicer’s Monthly Certificate) directing manner directed by the Indenture Trustee to make the foregoing deposits and paymentsSeller.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2007-1)
Additional Deposits and Payments. (a) On each Payment Datethe date specified in Section 3.6 of this Agreement, the Servicer and the Seller will deposit into the Collection Account the aggregate Repurchase Price with respect to Repurchased Receivables purchased by the Servicer pursuant to Section 4.07 or the Seller pursuant to Section 3.03 (or pursuant to Section 3.3 of the Receivables Purchase Agreement), respectively, 3.6 on such date and the Servicer will deposit into the Collection Account all amounts, if any, to be paid under Section 9.01 7.1 in connection with the Optional Purchase. All such deposits with respect to any such date which is a Payment Date will be made, in immediately available funds by 11:00 a.m. (New York City time) the close of business on the Business Day prior to such Payment DateDate related to such Collection Period.
(b) If the sum of the amounts required to be distributed pursuant to subsections (i) through (vii) of Section 5.04(a) above exceeds Collections received by the Servicer during such Collection Period and the aggregate Repurchase Price deposited in the Collection Account with respect to The Indenture Trustee will, on each Receivable that will be purchased by the Depositor or Servicer on or before that Payment Date, the Indenture Trustee will withdraw from the Reserve Account and deposit in the Collection Account no later than the opening of business on the related Payment Date for distribution in accordance with the priority of payments an amount equal to the lesser of the Reserve Account Excess Amount, if any, and the Reserve Account Draw Amount, if any (if for such amount is set forth in the applicable Servicer’s Monthly Certificate) Payment Date and deposit such amount in the Collection Account.
(c) On each Payment Date, the Servicer shall deposit into the Collection Account prior to 11:00 a.m., New York City time, an advance in an amount equal to the lesser of (a) any shortfall in the amounts available to make the payments in [clauses first through seventh] of Section 4.4(a) and (b) the aggregate scheduled monthly payments due on Receivables but not received during and prior to the related Collection Period (an “Advance”); provided, however, that the Servicer will not be obligated to make an Advance if the Servicer reasonably determines in its sole discretion that such Advance is not likely to be repaid from future cash flows from the Receivables. No Advances will be made with respect to Defaulted Receivables.
(d) The Indenture Trustee will, on the Payment Date relating to each Collection Period, withdraw from the Reserve Account the Reserve Account Draw Amount and deposit such amount in the Collection Account.
(e) On the Closing Date the Seller will deposit (deposit, or cause to be deposited) deposited from proceeds of the sale of the Notes, into the Reserve Account an amount equal to the Initial Reserve Account Deposit Amount. .
(f) [The Indenture Trustee shall receive written instructions from will promptly, on the Servicer (which will be day of receipt, deposit into the Collection Account all Net Swap Receipts received by it under the Interest Rate Swap Agreement in the form of the Servicer’s Monthly Certificate) directing the Indenture Trustee to make the foregoing deposits and paymentsimmediately available funds.]
Appears in 1 contract
Samples: Servicing Agreement (Fifth Third Holdings Funding, LLC)
Additional Deposits and Payments. (a) On each Payment Date, the Servicer and the Seller will deposit into the Collection Account the aggregate Repurchase Price with respect to Receivables purchased by the Servicer pursuant to Section 4.07 or the Seller pursuant to Section 3.03 (or pursuant to Section 3.3 3.03 of the Receivables Purchase Agreement), respectively, and the Servicer will deposit into the Collection Account all amounts, if any, to be paid under Section 9.01 in connection with the Optional Purchase. All such deposits with respect to a Payment Date will be made, in immediately available funds by 11:00 a.m. (New York City time) on such Payment Date.
(b) If the sum of the amounts required to be distributed pursuant to subsections (i) through (vii) of Section 5.04(a) above exceeds Collections received by the Servicer during such Collection Period and the aggregate Repurchase Price deposited in the Collection Account with respect to each Receivable that will be purchased by the Depositor or Servicer on or before that Payment Date, the Indenture Trustee will withdraw from the Reserve Account and deposit in the Collection Account no later than the opening of business on the related Payment Date for distribution in accordance with the priority of payments an amount equal to the lesser of the Reserve Account Excess Amount, if any, and the Reserve Account Draw Amount, if any (if such amount is set forth in the applicable Servicer’s Monthly Certificate) and deposit such amount in the Collection Account.
(c) If on any Payment Date, based on the amounts set forth in the applicable Servicer’s Monthly Certificate, the amount on deposit in the Reserve Account (after giving effect to all deposits to and withdrawals from the Reserve Account on such Payment Date) exceeds the Specified Reserve Account Balance, the Indenture Trustee will withdraw from the Reserve Account and deposit in the Collection Account the related Reserve Account Excess Amount for inclusion as Collections.
(d) On the Closing Date the Seller will deposit (or cause to be deposited) into the Reserve Account an amount equal to the Initial Reserve Account Deposit Amount. .
(e) The Indenture Trustee shall receive written instructions from the Servicer (which will be in the form of the Servicer’s Monthly Certificate) directing the Indenture Trustee to make the foregoing deposits and payments.
Appears in 1 contract
Samples: Sale and Servicing Agreement (California Republic Auto Receivables Trust 2015-2)