Common use of Advances and Nonrecoverable Advances; Repurchase Amounts Clause in Contracts

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (A) the Pass-Through Rate and (B) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts and the Master Servicer shall deposit therein all amounts to be paid under Section 9.01.

Appears in 10 contracts

Samples: Sale and Servicing Agreement (WFS Financial Auto Loans Inc), Sale and Servicing Agreement (WFS Financial Auto Loans Inc), Sale and Servicing Agreement (WFS Financial Auto Loans Inc)

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Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Collection Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Collection Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Collection Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, each Contract 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (Ai) the Pass-Through Class D Rate and (Bii) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Collection Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, Trustee and the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, Trustee and the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken; provided, however, that the Master Servicer must provide such certificate within three months of such Nonrecoverable Advance or Advances. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts Contracts. (d) The Master Servicer and the Master Servicer Seller shall deposit therein all amounts or caused to be paid under deposited into the Collection Account the Aggregate Repurchase Amount of Contracts purchased pursuant to Section 9.019.01(a).

Appears in 6 contracts

Samples: Sale and Servicing Agreement (WFS Receivables Corp 3), Sale and Servicing Agreement (WFS Receivables Corp 3), Sale and Servicing Agreement (WFS Receivables Corp 4)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Collection Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Collection Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Collection Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, each Contract 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (Ai) the Pass-Through Class D Rate and (Bii) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Collection Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, Trustee and the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, Trustee and the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken; provided, however, that the Master Servicer must provide such certificate within three months of such Nonrecoverable Advance or Advances. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts Contracts. (d) The Master Servicer and the Master Servicer Seller shall deposit therein all amounts or caused to be paid under deposited into the Collection Account the Aggregate Repurchase Amount of Contracts purchased pursuant to Section 9.019.01(a).

Appears in 6 contracts

Samples: Sale and Servicing Agreement (WFS Financial 2004-4 Owner Trust), Sale and Servicing Agreement (WFS Receivables Corp 3), Sale and Servicing Agreement (WFS Financial 2005-2 Owner Trust)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Collection Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Collection Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Collection Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, each Contract 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (Ai) the Pass-Through Class D Rate and (Bii) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Collection Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, Trustee and the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, Trustee and the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken; provided, however, that the Master Servicer must provide such certificate within three months of such Nonrecoverable Advance or Advances. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts. (d) The Certificateholders shall remit or credit to the Collection Account the Optional Repurchase Payment for the Seller Contracts repurchased pursuant to Section 3.10 and the Master Servicer and the Seller shall deposit therein all amounts or caused to be paid under deposited into the Collection Account the Aggregate Repurchase Amount of Contracts purchased pursuant to Section 9.019.01(a).

Appears in 2 contracts

Samples: Sale and Servicing Agreement (WFS Receivables Corp 3), Sale and Servicing Agreement (WFS Receivables Corp 3)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (A) the Pass-Through Rate and (B) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts and the Master Servicer shall deposit therein all amounts to be paid under Section 9.01.Nonrecoverable

Appears in 2 contracts

Samples: Sale and Servicing Agreement (WFS Financial 1997-B Owner Trust), Sale and Servicing Agreement (WFS Financial 1997-C Owner Trust)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (A) the Pass-Through Class A-4A Rate and (B) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken; provided, however, that the Master Servicer must provide such certificate within three months of such Nonrecoverable Advance or Advances. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts. (d) The Certificateholders shall remit or credit to the Collection Account the Optional Repurchase Payment for the Seller Contracts repurchased pursuant to Section 3.10 and the Master Servicer and the Seller shall deposit therein all amounts or caused to be paid under deposited into the Collection Account the Aggregate Repurchase Amount of Contracts purchased pursuant to Section 9.019.01(a).

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (A) the Pass-Through Class A-4 Rate and (B) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts and the Master Servicer shall deposit therein all amounts to be paid under Section 9.01. (d) WFSRC shall remit or credit to the Collection Account the Optional Repurchase Payment for WFSRC Contracts repurchased pursuant to Section 3.10.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (A) the Pass-Through Rate and (B) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection 57 63 Account as required by Section 5.02, furnish to the Indenture Trustee, the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts and the Master Servicer shall deposit therein all amounts to be paid under Section 9.01.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Financial 1997-a Owners Trust)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (A) the Pass-Through Class A-4 Rate and (B) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts and the Master Servicer shall deposit therein all amounts to be paid under Section 9.01. (d) The Seller shall remit or credit to the Collection Account the Optional Repurchase Payment for the Seller Contracts repurchased pursuant to Section 3.10.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp 2)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (A) the Pass-Through Class A-4 Rate and (B) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken; provided, however, that the Master Servicer must provide such certificate within three months of such Nonrecoverable Advance or Advances. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts. (d) The Certificateholders shall remit or credit to the Collection Account the Optional Repurchase Payment for the Seller Contracts repurchased pursuant to Section 3.10 and the Master Servicer and the Seller shall deposit therein all amounts or caused to be paid under deposited into the Collection Account the Aggregate Repurchase Amount of Contracts purchased pursuant to Section 9.019.01(a).

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp)

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Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Collection Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Collection Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Collection Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (A) the Pass-Through Certificate Rate and (B) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Collection Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts and the Master Servicer shall deposit therein all amounts to be paid under Section 9.01.. ]

Appears in 1 contract

Samples: Sale and Servicing Agreement (Onyx Acceptance Financial Corp)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, each Contract 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (Ai) the Pass-Through Class A-4 Rate and (Bii) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken; provided, however, that the Master Servicer must provide such certificate within three months of such Nonrecoverable Advance or Advances. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts Contracts. (d) The Master Servicer and the Master Servicer Seller shall deposit therein all amounts or caused to be paid under deposited into the Collection Account the Aggregate Repurchase Amount of Contracts purchased pursuant to Section 9.019.01(a).

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp 2)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (A) the Pass-Pass- Through Rate and (B) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection 57 63 Account as required by Section 5.02, furnish to the Indenture Trustee, the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts and the Master Servicer shall deposit therein all amounts to be paid under Section 9.01.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Financial 1996-D Owner Trust)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, each Contract 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (Ai) the Pass-Through Class A-4A Rate and (Bii) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken; provided, however, that the Master Servicer must provide such certificate within three months of such Nonrecoverable Advance or Advances. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts Contracts. (d) The Master Servicer and the Master Servicer Seller shall deposit therein all amounts or caused to be paid under deposited into the Collection Account the Aggregate Repurchase Amount of Contracts purchased pursuant to Section 9.019.01(a).

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Collection Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Collection Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Collection Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, each Contract 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (Ai) the Pass-Through Class D Rate and (Bii) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Collection Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, Trustee and the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, Trustee and the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken; provided, however, that the Master Servicer must provide such certificate within three months of such Nonrecoverable Advance or Advances. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts and the Master Servicer shall deposit therein all amounts to be paid under Section 9.01Contracts.

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp 3)

Advances and Nonrecoverable Advances; Repurchase Amounts. (a) If, as of the end of any Due Period, one or more payments of Monthly P&I due under any Contract (other than a Liquidated Contract) Outstanding at the end of such Due Period shall not have been received by the Master Servicer and deposited in or credited to the Collection Account pursuant to Section 5.02(a), the Master Servicer shall make, concurrently with the furnishing of the related Distribution Date Statement to the Indenture Trustee and the Owner Trustee, the Advance for such Due Period by depositing in or crediting to the Collection Account (i) with respect to a Rule of 78's Contract, the amount of delinquent Monthly P&I and (ii) with respect to a Simple Interest Contract, 30 days of interest on the Outstanding Principal Balance of such Contract at a rate equal to the sum of (A) the Pass-Through Class A-4 Rate and (B) the Servicing Fee Percent for each month that the related Monthly P&I is delinquent at the end of such Due Period. The Master Servicer shall account for such deposit or credit in accordance with Section 4.01. The foregoing notwithstanding, the Master Servicer shall not make an Advance in respect of a Contract if the Master Servicer shall have determined that any such Advance, if made, would constitute a Nonrecoverable Advance. Any such determination shall be evidenced by an Officers' Certificate furnished to the Indenture Trustee, the Owner Trustee and the Insurer setting forth the basis for such determination. (b) If the Master Servicer determines that it has made a Nonrecoverable Advance or Advances, the Master Servicer shall reimburse itself, without interest, from unrelated installments of Monthly P&I or Prepayment proceeds to the extent it shall, concurrently with the withholding of any such installment or proceeds from deposit in or credit to the Collection Account as required by Section 5.02, furnish to the Indenture Trustee, the Owner Trustee and the Insurer a certificate of a Servicing Officer setting forth the basis for the Master Servicer's determination, the amount of, and Contract with respect to which, such Nonrecoverable Advance was made and the installment or installments or other proceeds respecting which reimbursement has been taken; provided, however, that the Master Servicer must provide such certificate within three months of such Nonrecoverable Advance or Advances. (c) The Master Servicer or the Seller, as the case may be, shall remit or credit to the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts on the Master Servicer Report Date next succeeding the last day of the related cure period specified in Section 3.02 or 4.07, as the case may be. In addition, the Master Servicer and the Seller shall deposit or cause to be deposited in the Collection Account the aggregate Repurchase Amount with respect to Repurchased Contracts. (d) The Certificateholders shall remit or credit to the Collection Account the Optional Repurchase Payment for the Seller Contracts repurchased pursuant to Section 3.10 and the Master Servicer and the Seller shall deposit therein all amounts or caused to be paid under deposited into the Collection Account the Aggregate Repurchase Amount of Contracts purchased pursuant to Section 9.019.01(a).

Appears in 1 contract

Samples: Sale and Servicing Agreement (WFS Receivables Corp)

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