Common use of Adjustments for Miscellaneous Credits and Fraudulent Charges Clause in Contracts

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If the Servicer adjusts downward the amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was created in respect of merchandise which was refused or returned by an Obligor, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered as having been created through a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arises. In the event that, following the exclusion of such Principal Receivables from (x) the calculation of the Transferor Amount, such Transferor Amount would be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balance, the applicable Transferor shall make a deposit on the Payment Date following the Monthly Period in which such adjustment obligation arises, into the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (i) the Transferor Amount would be less than the Required Transferor Amount or (ii) the Pool Balance would be less than the Required Pool Balance, due to adjustments with respect to Receivables conveyed by such Transferor (up to the amount of such Principal Receivables). (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously delivered.

Appears in 6 contracts

Samples: Servicing Agreement, Servicing Agreement (American Express Receivables Financing Corp VIII LLC), Servicing Agreement (American Express Receivables Financing Corp VIII LLC)

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Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Servicer shall be obligated to reduce on a net basis for each Monthly Period the Servicer adjusts downward the aggregate amount of Asset Pool One Principal Receivables (a “Credit Adjustment”) with respect to any Asset Pool One Principal Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable (i) which was created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors) one minus the decimal equivalent of the applicable Discount Option Percentage and or (iiiii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from the amount of a Credit Adjustment in (x) the calculation of the Transferor Amount, such Asset Pool One Transferor Amount would cause the Asset Pool One Transferor Amount to be an amount less than the Asset Pool One Required Transferor Amount or (y) the calculation of the Asset Pool Balance, such One Pool Balance would cause the Asset Pool One Pool Balance to be an amount less than the Required Asset Pool One Minimum Pool Balance, the applicable Transferor shall make a deposit on deposit, no later than (A) the Payment First Note Transfer Date following the Monthly Period in with respect to which such adjustment obligation arisesCredit Adjustment occurs or (B) in the event of a Servicer Rating Event, 10 Business Days after the inclusion of the Credit Adjustment that caused the Asset Pool One Transferor Amount to be less than the Asset Pool One Required Transferor Amount or the Asset Pool One Pool Balance to be less than the Asset Pool One Minimum Pool Balance, into the Excess Funding Account for Asset Pool One in immediately available funds in an amount equal to the greater of the amount by which (iI) the Asset Pool One Transferor Amount would be less than the Asset Pool One Required Transferor Amount or (iiII) the Asset Pool One Pool Balance would be an amount less than the Required Asset Pool One Minimum Pool Balance, due to adjustments Credit Adjustments with respect to Asset Pool One Receivables conveyed by such the Transferor (up to the amount of each such Principal Receivablesdeposit, an “Adjustment Payment”). (b) If (i) the Servicer makes a deposit into the Collection Account for Asset Pool One in respect of a Collection of a an Asset Pool One Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection for Asset Pool One and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account for Asset Pool One to reflect such dishonored check or mistake. Any Asset Pool One Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously delivered.

Appears in 4 contracts

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

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Servicer shall be obligated to reduce on a net basis each Monthly Period the Servicer adjusts downward the amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was created in respect of merchandise which was refused or returned by an Obligor, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the aggregate amount of Principal Receivables used to calculate the Transferor AmountInterest as provided in this subsection 4.03(c) (a “Credit Adjustment”) with respect to any Principal Receivable (i) which was created in respect of merchandise refused or returned by the Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors), (iii) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect (iv) which was credited pursuant to which a debt deferral or debt cancellation program and not recovered during such Monthly Period from Collections from Insurance Proceeds or reserves funded by fees generated through such programs. If the Transferor’s covenant contained in subsection 2.9(b) inclusion of the Transfer Agreement was breached. Any adjustment required pursuant to either amount of the two preceding sentences shall be made on or prior to the end of the Monthly Period a Credit Adjustment in which such adjustment obligation arises. In the event that, following the exclusion of such Principal Receivables from (x) the calculation of the Transferor Amount, such Interest or the aggregate Principal Receivables in the Trust would cause the Transferor Amount would Interest to be an amount less than the Required Minimum Transferor Amount Interest or (y) cause the calculation of aggregate Principal Receivables in the Pool Balance, such Pool Balance would Trust to be an amount less than the Required Pool BalanceMinimum Aggregate Principal Receivables, the applicable Transferor Transferor, using funds received from RPA Seller pursuant to Section 3.02 of the Receivables Purchase Agreement, shall (i) make a deposit on deposit, no later than the Payment Date Business Day following the Monthly Period Date of Processing of such Credit Adjustment, in which such adjustment obligation arises, into the Excess Funding Account in immediately available funds in an amount equal to the greater of of: (x) the amount by which (i) the inclusion of such Credit Adjustment would cause the Transferor Amount would Interest to be less than the Required Minimum Transferor Amount Interest on such Date of Processing and (y) the amount by which the inclusion of such Credit Adjustment would cause the aggregate Principal Receivables in the Trust to be less than the Minimum Aggregate Principal Receivables on such Date of Processing, or (ii) the Pool Balance would be less than the Required Pool Balance, due to adjustments with respect to transfer such additional Eligible Receivables conveyed by such Transferor (up to the Trust in such amount. Any amount deposited into the Excess Funding Account in connection with a Credit Adjustment shall be applied in accordance with Article IV and the terms of such Principal Receivables). (b) each Supplement. If (i) the Servicer makes a Transferor shall fail to deposit into the Collection Excess Funding Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect amount required to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made so paid pursuant to this Section 2.5 4.03 or subsection 2.04(d)(iii) (an “Adjustment Amount”), and shall not require have subsequently paid such Adjustment Amount, Collections of Principal Receivables shall not be distributed or otherwise released to the Transferor hereunder, but shall instead be deposited to the Excess Funding Account until the full Adjustment Amount has been deposited. The Adjustment Amount shall be reduced to the extent of such deposits. In addition, if the Transferor repurchases the Receivables or the Certificates of any change in Series pursuant to this Agreement, including pursuant to Article XII, the purchase price with respect to any report previously deliveredSeries shall include the Adjustment Amount allocable to such Series, if any.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust), Pooling and Servicing Agreement (Cabela's Master Credit Card Trust)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Servicer shall be obligated to reduce on a net basis for each Monthly Period the Servicer adjusts downward the aggregate amount of Principal Receivables (a “Credit Adjustment”) with respect to any Principal Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable (i) which was created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors) one minus the decimal equivalent of the applicable Discount Option Percentage and or (iiiii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from the amount of a Credit Adjustment in (x) the calculation of the Transferor Amount, such Amount would cause the Transferor Amount would to be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Balance would cause the Pool Balance would to be an amount less than the Required Minimum Pool Balance, the applicable Transferor shall make a deposit on deposit, no later than (A) the Payment First Note Transfer Date following the Monthly Period in with respect to which such adjustment obligation arisesCredit Adjustment occurs or (B) in the event of a Servicer Rating Event, 10 Business Days after the inclusion of the Credit Adjustment that caused the Transferor Amount to be less than the Required Transferor Amount or the Pool Balance to be less than the Minimum Pool Balance, into the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (iI) the Transferor Amount would be less than the Required Transferor Amount or (iiII) the Pool Balance would be an amount less than the Required Minimum Pool Balance, due to adjustments Credit Adjustments with respect to Receivables conveyed by such the Transferor (up to the amount of each such Principal Receivablesdeposit, an “Adjustment Payment”). (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 3.06 shall not require any change in any report previously delivereddelivered pursuant to subsection 4.04(a).

Appears in 4 contracts

Samples: Transfer and Servicing Agreement (Chase Card Funding LLC), Transfer and Servicing Agreement (Chase Issuance Trust), Transfer and Servicing Agreement (Chase Issuance Trust)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If the Servicer adjusts downward the amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was created in respect of merchandise which was refused or returned by an Obligor, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered as having been created through a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arises. In the event that, following the exclusion of such Principal Receivables from (x) the calculation of the Transferor Amount, such Transferor Amount would be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balance, the applicable Transferor shall make a deposit deposit, not later than 1:00 p.m., New York City time, on the Payment Date following the Monthly Period in which such adjustment obligation arises, into the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (i) the Transferor Amount would be less than the Required Transferor Amount or (ii) the Pool Balance would be less than the Required Pool Balance, due to adjustments with respect to Receivables conveyed by such Transferor (up to the amount of such Principal Receivables). (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 3.10 shall not require any change in any report previously delivered.

Appears in 3 contracts

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

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Servicer shall be obligated to reduce on a net basis for each Monthly Period the Servicer adjusts downward the aggregate amount of Asset Pool One Principal Receivables (a "Credit Adjustment") with respect to any Asset Pool One Principal Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable (i) which was created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors) one minus the decimal equivalent of the applicable Discount Option Percentage and or (iiiii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from the amount of a Credit Adjustment in (x) the calculation of the Transferor Amount, such Asset Pool One Transferor Amount would cause the Asset Pool One Transferor Amount to be an amount less than the Asset Pool One Required Transferor Amount or (y) the calculation of the Asset Pool Balance, such One Pool Balance would cause the Asset Pool One Pool Balance to be an amount less than the Required Asset Pool One Minimum Pool Balance, the applicable Transferor shall make a deposit on deposit, no later than (a) the Payment First Note Transfer Date following the Monthly Period in with respect to which such adjustment obligation arisesCredit Adjustment occurs or (b) in the event of a Servicer Rating Event, 10 Business Days after the inclusion of the Credit Adjustment that caused the Asset Pool One Transferor Amount to be less than the Asset Pool One Required Transferor Amount or the Asset Pool One Pool Balance to be less than the Asset Pool One Minimum Pool Balance, into the Excess Funding Account for Asset Pool One in immediately available funds in an amount equal to the greater of the amount by which (i) the Asset Pool One Transferor Amount would be less than the Asset Pool One Required Transferor Amount or (ii) the Asset Pool One Pool Balance would be an amount less than the Required Asset Pool One Minimum Pool Balance, due to adjustments Credit Adjustments with respect to Asset Pool One Receivables conveyed by such Transferor (up to the amount of each such Principal Receivablesdeposit, an "Adjustment Payment"). (b) If (i) the Servicer makes a deposit into the Collection Account for Asset Pool One in respect of a Collection of a an Asset Pool One Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection for Asset Pool One and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account for Asset Pool One to reflect such dishonored check or mistake. Any Asset Pool One Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously delivered.

Appears in 3 contracts

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

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Servicer shall be obligated to reduce on a net basis for each Monthly Period the Servicer adjusts downward the aggregate amount of Principal Receivables (a "Credit Adjustment") with respect to any Principal Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable (i) which was created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors) one minus the decimal equivalent of the applicable Discount Option Percentage and or (iiiii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from the amount of a Credit Adjustment in (x) the calculation of the Transferor Amount, such Amount for the applicable Asset Pool would cause the Transferor Amount would for such Asset Pool to be an amount less than the Required Transferor Amount for such Asset Pool or (y) the calculation of the Pool Balance, Balance for such Asset Pool would cause the Pool Balance would for such Asset Pool to be an amount less than the Required Minimum Pool BalanceBalance for such Asset Pool, the applicable Transferor shall make a deposit on deposit, no later than (a) the Payment First Note Transfer Date following the Monthly Period in with respect to which such adjustment obligation arisesCredit Adjustment occurs or (b) in the event of a Servicer Rating Event, 10 Business Days after the inclusion of the Credit Adjustment that caused the Transferor Amount for such Asset Pool to be less than the Required Transferor Amount for such Asset Pool or the Pool Balance for such Asset Pool to be less than the Minimum Pool Balance for such Asset Pool, into the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (i) the Transferor Amount for the applicable Asset Pool would be less than the Required Transferor Amount or (ii) the Pool Balance for the applicable Asset Pool would be an amount less than the Required Minimum Pool BalanceBalance for such Asset Pool, due to adjustments Credit Adjustments with respect to Receivables conveyed by such Transferor (up to the amount of each such Principal Receivablesdeposit, an "Adjustment Payment"). (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 3.06 shall not require any change in any report previously delivereddelivered pursuant to subsection 4.04(a).

Appears in 3 contracts

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

Adjustments for Miscellaneous Credits and Fraudulent Charges. (ai) If The Servicer shall be obligated to reduce on a net basis each Monthly Period the Servicer adjusts downward the amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was created in respect of merchandise which was refused or returned by an Obligor, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the aggregate amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and as provided in this subsection 4.03(c) (unless otherwise specifieda “Credit Adjustment”) with respect to any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be Receivable (A) which is reduced by the product Servicer by any rebate, refund, charge-back or adjustment (other than by reason of Servicer errors) or (iB) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from (x) the amount of a Credit Adjustment in the calculation of the Transferor Amount, such Interest would cause the Transferor Amount would Interest to be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balancezero, the applicable Transferor shall make a deposit on deposit, no later than the Payment Date Business Day following the Monthly Period Date of Processing of such Credit Adjustment, in which such adjustment obligation arises, into the Excess Funding Principal Account (for allocation as Collections of Principal Receivables pursuant to Article IV) in immediately available funds in an amount equal to the greater of the amount by which (i) such Credit Adjustment exceeds the Transferor Amount would be less than the Required Transferor Amount or Interest on such Date of Processing. (ii) the Pool Balance would be less than the Required Pool Balance, due to adjustments with respect to Receivables conveyed by such Transferor (up to the amount of such Principal Receivables). (b) If (iA) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (iiB) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 subsection 4.03(c) shall not require any change in any report previously delivereddelivered pursuant to subsection 3.04(a).

Appears in 3 contracts

Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement, Pooling and Servicing Agreement (BA Master Credit Card Trust II)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If the Servicer adjusts downward the amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was created in respect of merchandise which was refused or returned by an Obligor, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement Transaction Document to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement Transaction Document to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered as having been created through a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(bSection 2.8(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arises. In the event that, following the exclusion of such Principal Receivables from (x) the calculation of the Transferor Amount, such Transferor Amount would be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balance, the applicable Transferor shall make a deposit on the Payment Date following the Monthly Period in which such adjustment obligation arises, into the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (i) the Transferor Amount would be less than the Required Transferor Amount or (ii) the Pool Balance would be less than the Required Pool Balance, due to adjustments with respect to Receivables conveyed by such Transferor (up to the amount of such Principal Receivables). (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 2.3 shall not require any change in any report previously delivered.

Appears in 2 contracts

Samples: Servicing Agreement (Dryrock Issuance Trust), Servicing Agreement (Dryrock Issuance Trust)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (ai) If The Servicer shall be obligated to reduce on a net basis each Monthly Period the Servicer adjusts downward the amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was created in respect of merchandise which was refused or returned by an Obligor, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the aggregate amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and as provided in this subsection 4.03(c) (unless otherwise specifieda “Credit Adjustment”) with respect to any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be Receivable (A) which is reduced by the product Servicer by any rebate, refund, charge‑back or adjustment (other than by reason of Servicer errors) or (iB) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from (x) the amount of a Credit Adjustment in the calculation of the Transferor Amount, such Interest would cause the Transferor Amount would Interest to be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balancezero, the applicable Transferor shall make a deposit on deposit, no later than the Payment Date Business Day following the Monthly Period Date of Processing of such Credit Adjustment, in which such adjustment obligation arises, into the Excess Funding Principal Account (for allocation as Collections of Principal Receivables pursuant to Article IV) in immediately available funds in an amount equal to the greater of the amount by which (i) such Credit Adjustment exceeds the Transferor Amount would be less than the Required Transferor Amount or Interest on such Date of Processing. (ii) the Pool Balance would be less than the Required Pool Balance, due to adjustments with respect to Receivables conveyed by such Transferor (up to the amount of such Principal Receivables). (b) If (iA) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (iiB) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 subsection 4.03(c) shall not require any change in any report previously delivereddelivered pursuant to subsection 3.04(a).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (BA Credit Card Trust), Pooling and Servicing Agreement (BA Master Credit Card Trust II)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If With respect to each Due Period, the Servicer adjusts downward the aggregate amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was Principal Receivables (i) which were created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because (ii) which were reduced by the Servicer by any rebate, refund, charge-back or applicable Account Owner processes adjustment (including Servicer errors) or (iii) which were created as a credit adjustment any uncollectible Small Balances, result of a fraudulent or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off counterfeit charge (with respect to such amount as uncollectible, then, in any such caseDue Period, the "Dilution Amount") will be allocated initially to the Seller Interest, and the aggregate amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Seller Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by an amount equal to the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustmentDilution Amount so allocated. SimilarlyIf any such reduction causes a Required Addition Event to occur, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered as having been created through a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences Seller shall be made required to take the actions specified below on or prior to the end Required Designation Date for such Due Period: (i) Convey Receivables arising in Additional Accounts to the Trust, (ii) instruct the Servicer to deposit (or cause to be deposited) all or a portion of the Monthly Period Seller Allocations in which such adjustment obligation arises. In the event thatExcess Funding Account, following and (iii) to the exclusion of such Principal Receivables from extent the Seller is not able to eliminate the deficiency through the actions specified in clauses (xi) the calculation of the Transferor Amountand (ii), such Transferor Amount would be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balance, the applicable Transferor shall make a deposit on the Payment Date following the Monthly Period in which such adjustment obligation arises, into the Excess Funding Account in immediately available funds in an amount funds, such that upon such deposit and/or Conveyance the Seller Interest shall be at least equal to the greater of Aggregate Minimum Seller Interest. If the amount by which Seller shall fail to take such actions, any remaining Dilution Amount (i) the Transferor Amount would be less than the Required Transferor Amount or (ii) the Pool Balance would be less than the Required Pool Balance, due to adjustments with respect to each Due Period, the "Series Dilution Amount") will be allocated to each Series based upon the Series Percentage for such Series. The Series Dilution Amount for each Receivables conveyed by such Transferor (up Purchase Series will be provided for in the related Receivables Purchase Agreement. If available funds for any Series, including funds allocated to the amount of such Principal Receivables). any Series on any Distribution Date as described in subsection (b) above, are insufficient to cover the Series Dilution Amount for such Series on such Distribution Date pursuant to the terms of the related Supplement or Receivables Purchase Agreement, as applicable, such Supplement or Receivables Purchase Agreement may provide that the remaining Series Dilution Amount for such Series shall be reallocated to, and reduce, the Seller Interest (as calculated as of the last day of the related Due Period). If (i) so provided for any Series in the Servicer makes a related Supplement or Receivables Purchase Agreement, as applicable, any Series Dilution Amount remaining for such Series, after giving effect to any deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received and/or Conveyance by the Servicer Seller described in the form of a check which is not honored preceding paragraph (such amount, for any reason or (iiSeries its "Series Unfunded Dilution Amount") shall be reallocated to such Series and shall reduce the Servicer makes a mistake with respect Investor Interest of that Series to the amount of any Collection and deposits an amount that is less than extent provided in the related Supplement or more than the actual amount of such CollectionReceivables Purchase Agreement, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously deliveredas applicable.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Charming Shoppes Master Trust)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If the Servicer adjusts downward the amount of any Receivable because of a rebate, refund, other credit, unauthorized charge or billing error to an Obligor, because such Receivable was created in respect of merchandise which was refused or returned by an Obligor, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, or for any other reason, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest Indebtedness and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest Indebtedness and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered as having been created through a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arises. In the event that, following the exclusion of such Principal Receivables from (x) the calculation of the Transferor Amount, such Transferor Amount would be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balance, the applicable Transferor shall make a deposit on the Payment Date following the Monthly Period in which such adjustment obligation arises, into the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (i) the Transferor Amount would be less than the Required Transferor Amount or (ii) the Pool Balance would be less than the Required Pool Balance, due to adjustments with respect to Receivables conveyed by such Transferor (up to the amount of such Principal Receivables). (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check cheque which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check cheque or mistake. Any Receivable in respect of which a dishonored check cheque is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously delivered.

Appears in 1 contract

Samples: Servicing Agreement

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If With respect to each Due Period, the Servicer adjusts downward the aggregate amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was Principal Receivables (i) which were created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because (ii) which were reduced by the Servicer by any rebate, refund, charge-back or applicable Account Owner processes adjustment (including Servicer errors) or (iii) which were created as a credit adjustment any uncollectible Small Balances, result of a fraudulent or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off counterfeit charge (with respect to such amount as uncollectible, then, in any such caseDue Period, the “Dilution Amount”) will be allocated to each Series based upon the Series Percentage for such Series. The Series Dilution Amount for each Receivables Purchase Series will be provided for in the related Receivables Purchase Agreement. Unless otherwise provided in the related Supplement, on the last day of each Due Period, the aggregate amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Seller Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by an amount equal to the product sum of the Series Dilution Amounts for each outstanding Certificate Series for such Due Period. If such reduction would cause the Seller Interest to be less than the Aggregate Minimum Seller Interest, the Seller shall promptly, but in no event later than 10 Business Days after such last day, either (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered as having been created through a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arises. In the event that, following the exclusion of such Principal Receivables from (x) the calculation of the Transferor Amount, such Transferor Amount would be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balance, the applicable Transferor shall make a deposit on the Payment Date following the Monthly Period in which such adjustment obligation arises, into the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (i) the Transferor Amount Seller Interest would be less than reduced below the Required Transferor Amount or Aggregate Minimum Seller Interest, (ii) Convey Receivables arising in Additional Accounts to the Pool Balance would Trust, and/or (iii) instruct the Servicer to deposit (or cause to be less deposited) all or a portion of the Seller Allocations in the Excess Funding Account, such that upon such deposit and/or Conveyance the Seller Interest shall be greater than the Required Pool Balance, due to adjustments with respect to Receivables conveyed by such Transferor (up to the amount of such Principal Receivables)Aggregate Minimum Seller Interest. (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously delivered.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Alliance Data Systems Corp)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (ai) If The Servicer shall be obligated to reduce on a net basis each Monthly Period the Servicer adjusts downward the amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was created in respect of merchandise which was refused or returned by an Obligor, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the aggregate amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and as provided in this subsection 4.03(c) (unless otherwise specifieda "Credit Adjustment") with respect to any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be Receivable (A) which is reduced by the product Servicer by any rebate, refund, charge‑back or adjustment (other than by reason of Servicer errors) or (iB) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from (x) the amount of a Credit Adjustment in the calculation of the Transferor Amount, such Interest would cause the Transferor Amount would Interest to be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balancezero, the applicable Transferor shall make a deposit on deposit, no later than the Payment Date Business Day following the Monthly Period Date of Processing of such Credit Adjustment, in which such adjustment obligation arises, into the Excess Funding Principal Account (for allocation as Collections of Principal Receivables pursuant to Article IV) in immediately available funds in an amount equal to the greater of the amount by which (i) such Credit Adjustment exceeds the Transferor Amount would be less than the Required Transferor Amount or Interest on such Date of Processing. (ii) the Pool Balance would be less than the Required Pool Balance, due to adjustments with respect to Receivables conveyed by such Transferor (up to the amount of such Principal Receivables). (b) If (iA) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (iiB) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 subsection 4.03(c) shall not require any change in any report previously delivereddelivered pursuant to subsection 3.04(a).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (BA Master Credit Card Trust II)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If With respect to each Due Period, the Servicer adjusts downward the aggregate amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was Principal Receivables (i) which were created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because (ii) which were reduced by the Servicer by any rebate, refund, charge-back or applicable Account Owner processes adjustment (including Servicer errors) or (iii) which were created as a credit adjustment any uncollectible Small Balances, result of a fraudulent or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off counterfeit charge (with respect to such amount as uncollectible, then, in any such caseDue Period, the "Dilution Amount") will be allocated initially to the Seller Interest if and to the extent that as of the last day of such Due Period, the Seller Interest is greater than the Aggregate Minimum Seller Interest, and the aggregate amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Seller Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by an amount equal to the product of (i) one minus Dilution Amount so allocated. Any remaining Because such reduction will cause the decimal equivalent of Seller Interest to be less than the applicable Discount Option Percentage and (ii) the amount of the adjustment. SimilarlyAggregate Minimum Seller Interest, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered as having been created through a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences Seller shall be made on or prior to the end Required Designation Date for such Due Period (i) Convey Receivables arising in Additional Accounts to the Trust, (ii) instruct the Servicer to deposit (or cause to be deposited) all or a portion of the Monthly Period Seller Allocations in which such adjustment obligation arises. In the event thatExcess Funding Account and (iii) to the extent the Seller is not able to eliminate the deficiency through the actions specified in clauses (i) and (ii), following the exclusion of such Principal Receivables from (x) the calculation of the Transferor Amount, such Transferor Amount would be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balance, the applicable Transferor shall make a deposit on the Payment Date following the Monthly Period in which such adjustment obligation arises, into the Excess Funding Account in immediately available funds in an amount funds, such that upon such deposit and/or Conveyance the Seller Interest shall be at least equal to the greater Aggregate Minimum Seller Interest. If so provided for any Series in the related Supplement or Receivables Purchase Agreement, as applicable, any Series Dilution Amount remaining for such Series, after giving effect to any deposit and/or Conveyance by the Seller described in the preceding paragraph (such amount, for any Series its "Series Unfunded Dilution Amount") shall be reallocated to such Series and shall reduce the Investor Interest of the amount by which (i) the Transferor Amount would be less than the Required Transferor Amount or (ii) the Pool Balance would be less than the Required Pool Balance, due to adjustments with respect to Receivables conveyed by such Transferor (up that Series to the amount of such Principal Receivables). (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer extent provided in the form of a check which is not honored for any reason related Supplement or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such CollectionReceivables Purchase Agreement, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously deliveredas applicable.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Charming Shoppes Receivables Corp)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If With respect to each Due Period, the Servicer adjusts downward the aggregate amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was Principal Receivables (i) which were created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because (ii) which were reduced by the Servicer by any rebate, refund, charge-back or applicable Account Owner processes adjustment (including Servicer errors) or (iii) which were created as a credit adjustment any uncollectible Small Balances, result of a fraudulent or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off counterfeit charge (with respect to such amount as uncollectible, then, in any such caseDue Period, the "Dilution Amount") will be allocated initially to the Transferor Interest, and the aggregate amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by an amount equal to the product Dilution Amount so allocated. If any such reduction causes the Transferor Interest to be less than the Aggregate Minimum Transferor Interest, the Transferor shall be required to take the actions specified below: Convey Receivables arising in Additional Accounts to the Trust, instruct the Servicer to deposit (or cause to be deposited) all or a portion of the Transferor Allocations in the Excess Funding Account, and to the extent the Transferor is not able to eliminate the deficiency through the actions specified in clauses (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly), the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered as having been created through a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arises. In the event that, following the exclusion of such Principal Receivables from (x) the calculation of the Transferor Amount, such Transferor Amount would be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balance, the applicable Transferor shall make a deposit on the Payment Date following the Monthly Period in which such adjustment obligation arises, into the Excess Funding Account in immediately available funds in an amount funds, such that upon such deposit and/or Conveyance the Transferor Interest shall be at least equal to the greater of the amount by which (i) Aggregate Minimum Transferor Interest. If the Transferor shall fail to take such actions, any remaining Dilution Amount would be less than the Required Transferor Amount or (ii) the Pool Balance would be less than the Required Pool Balance, due to adjustments with respect to Receivables conveyed by each Due Period, the "Series Dilution Amount") will be allocated to each Series based upon the Series Percentage for such Transferor (up Series. If available funds for any Series, including funds allocated to the amount of such Principal Receivables). any Series on any Distribution Date as described in Section (b) above, are insufficient to cover the Series Dilution Amount for such Series on such Distribution Date pursuant to the terms of the related Supplement, such Supplement may provide that the remaining Series Dilution Amount for such Series shall be reallocated to, and reduce, the Transferor Interest (as calculated as of the last day of the related Due Period). If (i) so provided for any Series in the Servicer makes a related Supplement, any Series Dilution Amount remaining for such Series, after giving effect to any deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received and/or Conveyance by the Servicer Transferor described in the form of a check which is not honored preceding paragraph (such amount, for any reason or (iiSeries its "Series Unfunded Dilution Amount") shall be reallocated to such Series and shall reduce the Servicer makes a mistake with respect Investor Interest of that Series to the amount of any Collection and deposits an amount that is less than or more than extent provided in the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously deliveredrelated Supplement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Stage Stores Inc)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Servicer shall be obligated to reduce on a net basis for each Monthly Period the Servicer adjusts downward the aggregate amount of Principal Receivables (a “Credit Adjustment”) with respect to any Principal Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable (i) which was created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors) one minus the decimal equivalent of the applicable Discount Option Percentage and or (iiiii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from the amount of a Credit Adjustment in (x) the calculation of the Transferor Amount, such Amount for the applicable Asset Pool would cause the Transferor Amount would for such Asset Pool to be an amount less than the Required Transferor Amount for such Asset Pool or (y) the calculation of the Pool Balance, Balance for such Asset Pool would cause the Pool Balance would for such Asset Pool to be an amount less than the Required Minimum Pool BalanceBalance for such Asset Pool, the applicable Transferor shall make a deposit on deposit, no later than (A) the Payment First Note Transfer Date following the Monthly Period in with respect to which such adjustment obligation arisesCredit Adjustment occurs or (B) in the event of a Servicer Rating Event, 10 Business Days after the inclusion of the Credit Adjustment that caused the Transferor Amount for such Asset Pool to be less than the Required Transferor Amount for such Asset Pool or the Pool Balance for such Asset Pool to be less than the Minimum Pool Balance for such Asset Pool, into the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (iI) the Transferor Amount for the applicable Asset Pool would be less than the Required Transferor Amount or (iiII) the Pool Balance for the applicable Asset Pool would be an amount less than the Required Minimum Pool BalanceBalance for such Asset Pool, due to adjustments Credit Adjustments with respect to Receivables conveyed by such Transferor (up to the amount of each such Principal Receivablesdeposit, an “Adjustment Payment”). (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 3.06 shall not require any change in any report previously delivereddelivered pursuant to subsection 4.04(a).

Appears in 1 contract

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

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Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If For each Monthly Period, the Servicer adjusts downward the amount of any Receivable because of shall be obligated to reduce, on a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was created in respect of merchandise which was refused or returned by an Obligor, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such casenet basis, the aggregate amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and the Minimum Aggregate Principal Receivables (unless otherwise specifieda "Credit Adjustment") with respect to any other amount required Principal Receivable (i) which was created in any Related Agreement respect of merchandise refused or returned by the Obligor thereunder or as to be calculated by reference to which the amount of Principal ReceivablesObligor thereunder has asserted a counterclaim or defense, will be (ii) which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors), (iii) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect (iv) which was credited pursuant to which a debt cancellation or debt deferral program and not recovered during such Monthly Period from Collections from insurance proceeds or reserves funded by fees generated through such programs. In the Transferor’s covenant contained in subsection 2.9(b) event that the inclusion of the Transfer Agreement was breached. Any adjustment required pursuant to either amount of a Credit Adjustment in the calculation of the two preceding sentences Transferor Interest or the aggregate Principal Receivables in the Trust would cause the Transferor Interest to be an amount less than the Minimum Transferor Interest, or cause the aggregate Principal Receivables in the Trust to be less than the Minimum Aggregate Principal Receivables, the Transferor shall be made on or prior to make a deposit, no later than the end earlier of (A) the Business Day following the Date of Processing of such Credit Adjustment, and (B) the last day of the Monthly Period in which such adjustment obligation arises. In the event thatDate of Processing occurs, following the exclusion of such Principal Receivables from (x) the calculation of the Transferor Amount, such Transferor Amount would be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balance, the applicable Transferor shall make a deposit on the Payment Date following the Monthly Period in which such adjustment obligation arises, into to the Excess Funding Account in immediately available funds in an amount sufficient to cure any such shortfall. Any amount deposited into the Excess Funding Account in connection with the adjustment of a Receivable as specified above shall be applied in accordance with Article IV and the terms of each Supplement. In the event that the Transferor shall fail to pay to the Servicer for deposit into the Excess Funding Account any amount required to be so paid pursuant to this Section 4.03 or subsection 2.04(d)(iii) (an "Adjustment Amount"), and shall not have subsequently paid such Amount, Collections of Principal Receivables shall not be distributed or otherwise released to the Transferor hereunder, but shall instead be deposited to the Excess Funding Account until an amount equal to the greater Adjustment Amount has been so deposited. The Adjustment Amount shall be reduced to the extent of such deposits. In addition, in the amount by which (i) event that the Transferor Amount would be less than shall repurchase the Required Transferor Amount Receivables or (ii) the Pool Balance would be less than Certificates of any Series pursuant to this Agreement, including pursuant to Article XII, the Required Pool Balance, due to adjustments purchase price with respect to any Series shall include the Adjustment Amount allocable to such Series, if any. In the event that the Servicer adjusts upwards the principal amount of any Receivable, the aggregate Principal Receivables conveyed shall be increased by such Transferor (up to the amount of such Principal Receivables)upward adjustment. (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously delivered.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Bankcard Master Credit Card Trust)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Servicer shall be obligated to reduce on a net basis for each Monthly Period the Servicer adjusts downward the aggregate amount of Principal Receivables (a “Credit Adjustment”) with respect to any Principal Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable (i) which was created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors) one minus the decimal equivalent of the applicable Discount Option Percentage and or (iiiii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from the amount of a Credit Adjustment in (x) the calculation of the Transferor Amount, such Amount for the applicable Asset Pool would cause the Transferor Amount would for such Asset Pool to be an amount less than the Required Transferor Amount for such Asset Pool or (y) the calculation of the Pool Balance, Balance for such Asset Pool would cause the Pool Balance would for such Asset Pool to be an amount less than the Required Minimum Pool BalanceBalance for such Asset Pool, the applicable Transferor shall make a deposit on deposit, no later than (a) the Payment First Note Transfer Date following the Monthly Period in with respect to which such adjustment obligation arisesCredit Adjustment occurs or (b) in the event of a Servicer Rating Event, 10 Business Days after the inclusion of the Credit Adjustment that caused the Transferor Amount for such Asset Pool to be less than the Required Transferor Amount for such Asset Pool or the Pool Balance for such Asset Pool to be less than the Minimum Pool Balance for such Asset Pool, into the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (i) the Transferor Amount for the applicable Asset Pool would be less than the Required Transferor Amount or (ii) the Pool Balance for the applicable Asset Pool would be an amount less than the Required Minimum Pool BalanceBalance for such Asset Pool, due to adjustments Credit Adjustments with respect to Receivables conveyed by such Transferor (up to the amount of each such Principal Receivablesdeposit, an “Adjustment Payment”). (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 3.06 shall not require any change in any report previously delivereddelivered pursuant to subsection 4.04(a).

Appears in 1 contract

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

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Servicer shall be obligated to reduce on a net basis for each Monthly Period the Servicer adjusts downward the aggregate amount of Principal Receivables (a "CREDIT ADJUSTMENT") with respect to any Principal Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable (i) which was created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors) one minus the decimal equivalent of the applicable Discount Option Percentage and or (iiiii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from the amount of a Credit Adjustment in (x) the calculation of the Transferor Amount, such Amount for the applicable Asset Pool would cause the Transferor Amount would for such Asset Pool to be an amount less than the Required Transferor Amount for such Asset Pool or (y) the calculation of the Pool Balance, Balance for such Asset Pool would cause the Pool Balance would for such Asset Pool to be an amount less than the Required Minimum Pool BalanceBalance for such Asset Pool, the applicable Transferor shall make a deposit on deposit, no later than (a) the Payment First Note Transfer Date following the Monthly Period in with respect to which such adjustment obligation arisesCredit Adjustment occurs or (b) in the event of a Servicer Rating Event, 10 Business Days after the inclusion of the Credit Adjustment that caused the Transferor Amount for such Asset Pool to be less than the Required Transferor Amount for such Asset Pool or the Pool Balance for such Asset Pool to be less than the Minimum Pool Balance for the such Asset Pool, into the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (i) the Transferor Amount for the applicable Asset Pool would be less than the Required Transferor Amount or (ii) the Pool Balance for the applicable Asset Pool would be an amount less than the Required Minimum Pool BalanceBalance for such Asset Pool, due to adjustments Credit Adjustments with respect to Receivables conveyed by such Transferor (up to the amount of each such Principal Receivablesdeposit, an "ADJUSTMENT PAYMENT"). (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 3.06 shall not require any change in any report previously delivereddelivered pursuant to subsection 4.04(a).

Appears in 1 contract

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

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Servicer shall be obligated to reduce on a net basis for each Monthly Period the Servicer adjusts downward the aggregate amount of Principal Receivables (a “Credit Adjustment”) with respect to any Principal Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable (i) which was created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors) one minus the decimal equivalent of the applicable Discount Option Percentage and or (iiiii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from the amount of a Credit Adjustment in (x) the calculation of the Transferor Amount, such Amount would cause the Transferor Amount would to be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Balance would cause the Pool Balance would to be an amount less than the Required Minimum Pool Balance, the applicable Transferor shall make a deposit on deposit, no later than (a) the Payment First Note Transfer Date following the Monthly Period in with respect to which such adjustment obligation arisesCredit Adjustment occurs or (b) in the event of a Servicer Rating Event, 10 Business Days after the inclusion of the Credit Adjustment that caused the Transferor Amount to be less than the Required Transferor Amount or the Pool Balance to be less than the Minimum Pool Balance, into the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (i) the Transferor Amount would be less than the Required Transferor Amount or (ii) the Pool Balance would be an amount less than the Required Minimum Pool Balance, due to adjustments Credit Adjustments with respect to Receivables conveyed by such the Transferor (up to the amount of each such Principal Receivablesdeposit, an “Adjustment Payment”). (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 3.04 shall not require any change in any report previously delivereddelivered pursuant to subsection 4.04(a).

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Wachovia Card Receivables LLC)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If With respect to each Due Period, the Servicer adjusts downward the aggregate amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was Principal Receivables (i) which were created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because (ii) which were reduced by the Servicer by any rebate, refund, charge-back or applicable Account Owner processes adjustment (including Servicer errors) or (iii) which were created as a credit adjustment any uncollectible Small Balances, result of a fraudulent or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off counterfeit charge (with respect to such amount as uncollectible, then, in any such caseDue Period, the “Dilution Amount”) will be allocated initially to the Transferor Interest, and the aggregate amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, Amount will be reduced by an amount equal to the product of (i) one minus Dilution Amount so allocated. If any such reduction causes the decimal equivalent of Transferor Amount to be less than the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Minimum Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered as having been created through a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior required to the end of the Monthly Period in which such adjustment obligation arises. In the event that, following the exclusion of such Principal Receivables from (x) the calculation of the Transferor Amount, such Transferor Amount would be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balance, the applicable Transferor shall make a deposit on the Payment Date following the Monthly Period in which such adjustment obligation arises, into the Excess Funding Account in immediately available funds in an amount equal to such reduction on or prior to the greater tenth Business Day following the last Business Day of the amount by Due Period in which such reduction occurred; provided that no such deposit shall be required to be made to the extent that such deficiency has been eliminated (i) through the conveyance of Receivables in Additional Accounts, the deposit of Collections to the Excess Funding Account or otherwise), so that the Transferor Amount would be less than is at least equal to the Required Minimum Transferor Amount or (ii) on the Pool Balance date such deposit would otherwise be less than required to be made. If the Required Pool BalanceTransferor shall fail to make a deposit required pursuant to the preceding sentence, due to adjustments with respect to Receivables conveyed by such Transferor (up the portion of the Dilution Amount equal to the amount of the deposit not made (with respect to each Due Period, the “Series Dilution Amount”) will be allocated to each Series based upon the Series Percentage for such Principal Receivables). Series. If available funds for any Series, including funds allocated to any Series on any Distribution Date as described in Subsection (b) above, are insufficient to cover the Series Dilution Amount for such Series on such Distribution Date pursuant to the terms of the related Indenture Supplement, such Indenture Supplement may provide that the remaining Series Dilution Amount for such Series shall be reallocated to, and reduce, the Transferor Amount (as calculated as of the last day of the related Due Period). If (i) so provided for any Series in the Servicer makes a related Indenture Supplement, any Series Dilution Amount remaining for such Series, after giving effect to any deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received and/or Conveyance by the Servicer Transferor described in the form preceding paragraph shall be reallocated to such Series and shall reduce the Collateral Amount of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect that Series to the amount of any Collection and deposits an amount that is less than or more than extent provided in the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously deliveredrelated Indenture Supplement.

Appears in 1 contract

Samples: Master Indenture (Alliance Data Systems Corp)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Master Servicer shall be obligated to reduce on a net basis each Monthly Period the Servicer adjusts downward the amount of any Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was created in respect of merchandise which was refused or returned by an Obligor, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the aggregate amount of Principal Receivables used to calculate the Transferor AmountInterest as provided in this subsection 4.03(c) (a "Credit Adjustment") with respect to any Principal Receivable (i) which was created in respect of merchandise refused or returned by the Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Master Servicer by any rebate, refund, charge-back or adjustment (iincluding Master Servicer errors), or (iii) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which charge. If the Transferor’s covenant contained in subsection 2.9(b) inclusion of the Transfer Agreement was breached. Any adjustment required pursuant to either amount of a Credit Adjustment in the calculation of the two preceding sentences Transferor Interest would cause the Transferor Interest to be an amount less than zero, upon written notice from the Master Servicer (if the Master Servicer is not DNB) the Transferor shall be made on or prior to deposit, no later than the end earlier of (A) the Business Day following the Date of Processing of such Credit Adjustment, and (B) the last day of the Monthly Period in which such adjustment obligation arises. In Date of Processing occurs, in the event that, following Excess Funding Account immediately available funds equal to the exclusion of amount by which such Principal Receivables from (x) the calculation of Credit Adjustment exceeds the Transferor Amount, Interest on such Transferor Amount would be an Date of Processing. Any amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balance, the applicable Transferor shall make a deposit on the Payment Date following the Monthly Period in which such adjustment obligation arises, deposited into the Excess Funding Account in immediately available funds connection with a Credit Adjustment shall be applied in accordance with Article IV and the terms of each Supplement. If the Transferor shall fail to deposit into the Excess Funding Account any amount required to be so paid pursuant to this Section 4.03 or subsection 2.04(c)(iii) (an amount equal "Adjustment Amount"), and shall not have subsequently paid such Adjustment Amount, no Collections of Principal Receivables allocable to the greater of the amount by which (i) Investor Certificates shall be distributed or otherwise released to the Transferor hereunder, but shall instead be deposited in the Excess Funding Account until the full Adjustment Amount would be less than has been deposited. In addition, if the Required Transferor Amount repurchases the Receivables or (ii) the Pool Balance would be less than Certificates of any Series, including pursuant to Article XII, the Required Pool Balance, due to adjustments purchase price with respect to any Series shall include the Adjustment Amount of such Series, if any. If the Master Servicer adjusts upwards the principal amount of any Receivable, the Aggregate Principal Receivables conveyed shall be increased by such Transferor (up to the amount of such Principal Receivables)upward adjustment. (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously delivered.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Dillard Asset Funding Co)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Servicer shall be obligated to reduce on a net basis for each Monthly Period the Servicer adjusts downward the aggregate amount of Asset Pool One Principal Receivables (a “Credit Adjustment”) with respect to any Asset Pool One Principal Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable (i) which was created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors) one minus the decimal equivalent of the applicable Discount Option Percentage and or (iiiii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from the amount of a Credit Adjustment in (x) the calculation of the Transferor Amount, such Asset Pool One Transferor Amount would cause the Asset Pool One Transferor Amount to be an amount less than the Asset Pool One Required Transferor Amount or (y) the calculation of the Asset Pool Balance, such One Pool Balance would cause the Asset Pool One Pool Balance to be an amount less than the Required Asset Pool One Minimum Pool Balance, the applicable Transferor shall make a deposit on deposit, no later than (A) the Payment First Note Transfer Date following the Monthly Period in with respect to which such adjustment obligation arisesCredit Adjustment occurs or (B) in the event of a Servicer Rating Event, 10 Business Days after the inclusion of the Credit Adjustment that caused the Asset Pool One Transferor Amount to be less than the Asset Pool One Required Transferor Amount or the Asset Pool One Pool Balance to be less than the Asset Pool One Minimum Pool Balance, into the Excess Funding Account for Asset Pool One in immediately available funds in an amount equal to the greater of the amount by which (iI) the Asset Pool One Transferor Amount would be less than the Asset Pool One Required Transferor Amount or (iiII) the Asset Pool One Pool Balance would be an amount less than the Required Asset Pool One Minimum Pool Balance, due to adjustments Credit Adjustments with respect to Asset Pool One Receivables conveyed by such Transferor (up to the amount of each such Principal Receivablesdeposit, an “Adjustment Payment”). (b) If (i) the Servicer makes a deposit into the Collection Account for Asset Pool One in respect of a Collection of a an Asset Pool One Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection for Asset Pool One and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account for Asset Pool One to reflect such dishonored check or mistake. Any Asset Pool One Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously delivered.

Appears in 1 contract

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

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Servicer shall be obligated to reduce on a net basis for each Monthly Period the Servicer adjusts downward the aggregate amount of Asset Pool One Principal Receivables (a “Credit Adjustment”) with respect to any Asset Pool One Principal Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable (i) which was created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors) one minus the decimal equivalent of the applicable Discount Option Percentage and or (iiiii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from the amount of a Credit Adjustment in (x) the calculation of the Transferor Amount, such Asset Pool One Transferor Amount would cause the Asset Pool One Transferor Amount to be an amount less than the Asset Pool One Required Transferor Amount or (y) the calculation of the Asset Pool Balance, such One Pool Balance would cause the Asset Pool One Pool Balance to be an amount less than the Required Asset Pool One Minimum Pool Balance, the applicable Transferor shall make a deposit on deposit, no later than (A) the Payment First Note Transfer Date following the Monthly Period in with respect to which such adjustment obligation arisesCredit Adjustment occurs or (B) in the event of a Servicer Rating Event, ten (10) Business Days after the inclusion of the Credit Adjustment that caused the Asset Pool One Transferor Amount to be less than the Asset Pool One Required Transferor Amount or the Asset Pool One Pool Balance to be less than the Asset Pool One Minimum Pool Balance, into the Excess Funding Account for Asset Pool One in immediately available funds in an amount equal to the greater of the amount by which (iI) the Asset Pool One Transferor Amount would be less than the Asset Pool One Required Transferor Amount or (iiII) the Asset Pool One Pool Balance would be an amount less than the Required Asset Pool One Minimum Pool Balance, due to adjustments Credit Adjustments with respect to Asset Pool One Receivables conveyed by such the Transferor (up to the amount of each such Principal Receivablesdeposit, an “Adjustment Payment”). (b) If (i) the Servicer makes a deposit into the Collection Account for Asset Pool One in respect of a Collection of a an Asset Pool One Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection for Asset Pool One and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account for Asset Pool One to reflect such dishonored check or mistake. Any Asset Pool One Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously delivered.

Appears in 1 contract

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

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If The Servicer shall be obligated to reduce on a net basis for each Monthly Period the Servicer adjusts downward the aggregate amount of Principal Receivables (a “Credit Adjustment”) with respect to any Principal Receivable because of a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable (i) which was created in respect of merchandise which was refused or returned by an Obligorthe Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such case, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors) one minus the decimal equivalent of the applicable Discount Option Percentage and or (iiiii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect to which the Transferor’s covenant contained in subsection 2.9(b) of the Transfer Agreement was breached. Any adjustment required pursuant to either of the two preceding sentences shall be made on or prior to the end of the Monthly Period in which such adjustment obligation arisescharge. In the event that, following that the exclusion inclusion of such Principal Receivables from the amount of a Credit Adjustment in (x) the calculation of the Transferor Amount, such Amount would cause the Transferor Amount would to be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Balance would cause the Pool Balance would to be an amount less than the Required Minimum Pool Balance, the applicable Transferor shall make a deposit on deposit, no later than (A) the Payment First Note Transfer Date following the Monthly Period in with respect to which such adjustment obligation arisesCredit Adjustment occurs or (B) in the event of a Servicer Rating Event, ten (10) Business Days after the inclusion of the Credit Adjustment that caused the Transferor Amount to be less than the Required Transferor Amount or the Pool Balance to be less than the Minimum Pool Balance, into the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (iI) the Transferor Amount would be less than the Required Transferor Amount or (iiII) the Pool Balance would be an amount less than the Required Minimum Pool Balance, due to adjustments Credit Adjustments with respect to Receivables conveyed by such the Transferor (up to the amount of each such Principal Receivablesdeposit, an “Adjustment Payment”). (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 3.06 shall not require any change in any report previously delivereddelivered pursuant to subsection 4.04(a).

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Jpmorgan Chase Bank, National Association)

Adjustments for Miscellaneous Credits and Fraudulent Charges. (a) If For each Monthly Period, the Servicer adjusts downward the amount of any Receivable because of shall be obligated to reduce, on a rebate, refund, unauthorized charge or billing error to an Obligor, because such Receivable was created in respect of merchandise which was refused or returned by an Obligor, or because the Servicer or applicable Account Owner processes as a credit adjustment any uncollectible Small Balances, or if the Servicer otherwise adjusts downward the amount of any Receivable without receiving Collections therefor or without charging off such amount as uncollectible, then, in any such casenet basis, the aggregate amount of Principal Receivables used to calculate the Transferor AmountInterest (a "Credit Adjustment") with respect to any Principal Receivable (i) which was created in respect of merchandise refused or returned by the Obligor thereunder or as to which the Obligor thereunder has asserted a counterclaim or defense, the Transferor Interest and (unless otherwise specifiedii) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be which is reduced by the product of Servicer by any rebate, refund, charge-back or adjustment (iincluding Servicer errors), (iii) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of the adjustment. Similarly, the amount of Principal Receivables used to calculate the Transferor Amount, the Transferor Interest and (unless otherwise specified) any other amount required in any Related Agreement to be calculated by reference to the amount of Principal Receivables, will be reduced by the product of (i) one minus the decimal equivalent of the applicable Discount Option Percentage and (ii) the amount of any Receivable which was discovered created as having been created through a result of a fraudulent or counterfeit charge or with respect (iv) which was credited pursuant to which a debt cancellation or debt deferral program and not recovered during such Monthly Period from Collections from insurance proceeds or reserves funded by fees generated through such programs. In the Transferor’s covenant contained in subsection 2.9(b) event that the inclusion of the Transfer Agreement was breached. Any adjustment required pursuant to either amount of a Credit Adjustment in the calculation of the two preceding sentences Transferor Interest would cause the Transferor Interest to be an amount less than the Minimum Transferor Interest, the Transferor shall be made on or prior to make a deposit, no later than the end earlier of (A) the Business Day following the Date of Processing of such Credit Adjustment, and (B) the last day of the Monthly Period in which such adjustment obligation arises. In the event thatDate of Processing occurs, following the exclusion of such Principal Receivables from (x) the calculation of the Transferor Amount, such Transferor Amount would be an amount less than the Required Transferor Amount or (y) the calculation of the Pool Balance, such Pool Balance would be an amount less than the Required Pool Balance, the applicable Transferor shall make a deposit on the Payment Date following the Monthly Period in which such adjustment obligation arises, into to the Excess Funding Account in immediately available funds in an amount equal to the greater of the amount by which (i) the Transferor Amount Interest would be less than reduced below the Required Minimum Transferor Interest. Any amount deposited into the Excess Funding Account in connection with the adjustment of a Receivable as specified above shall be applied in accordance with Article IV and the terms of each Supplement. In the event that the Transferor shall fail to pay to the Servicer for deposit into the Excess Funding Account any amount required to be so paid pursuant to this Section 4.03 or subsection 2.04(d)(iii) (an "Adjustment Amount"), and shall not have subsequently paid such Amount, Collections of Principal Receivables shall not be distributed or otherwise released to the Transferor hereunder, but shall instead be deposited to the Excess Funding Account until an amount equal to the Adjustment Amount has been so deposited. The Adjustment Amount shall be reduced to the extent of such deposits. In addition, in the event that the Transferor shall repurchase the Receivables or (ii) the Pool Balance would be less than Certificates of any Series pursuant to this Agreement, including pursuant to Article XII, the Required Pool Balance, due to adjustments purchase price with respect to any Series shall include the Adjustment Amount allocable to such Series, if any. In the event that the Servicer adjusts upwards the principal amount of any Receivable, the Aggregate Principal Receivables conveyed shall be increased by such Transferor (up to the amount of such Principal Receivables)upward adjustment. (b) If (i) the Servicer makes a deposit into the Collection Account in respect of a Collection of a Receivable and such Collection was received by the Servicer in the form of a check which is not honored for any reason or (ii) the Servicer makes a mistake with respect to the amount of any Collection and deposits an amount that is less than or more than the actual amount of such Collection, the Servicer shall appropriately adjust the amount subsequently deposited into the Collection Account to reflect such dishonored check or mistake. Any Receivable in respect of which a dishonored check is received shall be deemed not to have been paid. Notwithstanding the first two sentences of this paragraph, adjustments made pursuant to this Section 2.5 shall not require any change in any report previously delivered.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (First Bankcard Master Credit Card Trust)

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