Common use of Advances by the Servicer Clause in Contracts

Advances by the Servicer. Not later than the close of business on each Determination Date, the Servicer, may in its sole discretion, if it determines such amount is recoverable, remit to the Trustee for deposit in the Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Date pursuant to Section 6.07, equal to the amount by which (i) 30 days' interest at a rate equal to the then applicable Adjusted SBA Loan Benchmark Rate on the aggregate Class A, Class M and Class B Principal Balances immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum of the Class A, Class M and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Adjusted Class M and Adjusted Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, for the Remittance Dates in April, May and June 2000, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), such excess being defined herein as the "Monthly Advance." The Servicer may reimburse itself for Monthly Advances made pursuant to Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA Loans.

Advances by the Servicer. Not later than the close of business on each Determination Date, the Servicer, Servicer may in its sole discretion, if it determines such amount is recoverable, remit to the Trustee for deposit in the Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Date pursuant to Section 6.07, equal to the amount by which (i) 30 days' interest at a rate equal to the then applicable Adjusted SBA Loan Benchmark Remittance Rate on the aggregate Class A, Class M A and Class B Principal Balances immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum of the Class A, Class M A and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Adjusted Class M A and Adjusted Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the Unguaranteed Interest of the SBA Loans minus the interest payable Servicing Fee allocable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee Unguaranteed Interest (plus, for the Remittance Dates in AprilJanuary 1999, May February 1999 and June 2000March 1999, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g6.05(c) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), the Premium Protection Fee, the Additional Fee, the Servicing Fee, and the FTA's Fee, such excess being defined herein as the "Monthly Advance." The Servicer may reimburse itself for Monthly Advances made pursuant to Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA Loans.

Advances by the Servicer. Not later than the close of business on each Determination Date, the Servicer, may in its sole discretion, if it determines such amount is recoverable, Servicer shall remit to the Trustee for deposit in the Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Date pursuant to Section 6.07, equal to the amount by which (i) 30 days' interest at a rate equal to the then applicable Adjusted SBA Loan Benchmark Remittance Rate on the aggregate Class A, Class M A and Class B Principal Balances immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum of the Class A, Class M A and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Adjusted Class M A and Adjusted Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee Holders (plus, for the Remittance Dates in AprilJanuary, May February and June 2000March 1998, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g6.05(c) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), the Premium Protection Fee, the Additional Fee, the Servicing Fee, and the FTA's Fee, such excess being defined herein as the "Monthly Advance." The Servicer may reimburse itself for Monthly Advances made pursuant to Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA Loans.

Advances by the Servicer. Not later than the close of business on each Determination Date, the Servicer, may in its sole discretion, if it determines such amount is recoverable, Servicer shall remit to the Indenture Trustee for deposit in the Certificate Note Distribution Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.095.09), to be distributed on the related Remittance Date pursuant to Section 6.075.07, equal to the amount by which (i) 30 days' interest at a 46 53 rate equal to the then applicable Adjusted SBA Loan Benchmark Remittance Rate on the aggregate Class APrincipal Balances for the Class A Notes, Class M Notes and Class B Principal Balances Notes immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum of the Class A, Class M and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Adjusted Class M and Adjusted Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection FeeRequired Holdback Amount, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, for the Remittance Dates in April, May and June 2000during the Funding Period, the sum of (i) all funds to be transferred to the Certificate Note Distribution Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g5.04(f) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), such excess being defined herein as the "Monthly Advance." The Servicer may reimburse itself for Monthly Advances made pursuant to Section 5.044.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA Loans. Notwithstanding the foregoing, no Servicer other than FIB or one of its Affiliates shall be required to make any Monthly Advances pursuant to this Section 5.10.

Advances by the Servicer. Not later than the close of business on each Determination Date, the Servicer, may in its sole discretion, if it determines such amount is recoverable, Servicer shall remit to the Trustee for deposit in the Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Date pursuant to Section 6.07, equal to the amount by which (i) 30 days' interest at a rate equal to the then applicable Adjusted SBA Loan Benchmark Remittance Rate on the aggregate Class A, Class M A and Class B Principal Balances immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum of the Class A, Class M A and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Adjusted Class M A and Adjusted Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, for the Remittance Dates in AprilOctober, May November and June 2000December 1997, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), such excess being defined herein as the "Monthly Advance." The Servicer may reimburse itself for Monthly Advances made pursuant to Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA Loans.

Advances by the Servicer. Not later than the close of business on each Determination Date, the Servicer, may in its sole discretion, if it determines such amount is recoverable, remit to the Trustee for deposit in the Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Date pursuant to Section 6.07, equal to the amount by which (i) 30 days' interest at a rate equal to the then applicable Adjusted SBA Loan Benchmark Rate on the aggregate Class A, Class M and Class B Principal Balances immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum of the Class A, Class M and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Adjusted Class M and Adjusted Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, for the Remittance Dates in AprilJuly, May August and June 2000September 1999, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), such excess being defined herein as the "Monthly Advance." The Servicer may reimburse itself for Monthly Advances made pursuant to Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA Loans.

Advances by the Servicer. Not later than the close of business on each Determination Date, the Servicer, may in its sole discretion, if it determines such amount is recoverable, Servicer shall remit to the Trustee for deposit in the Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Date pursuant to Section 6.07, equal to the amount by which (i) 30 days' interest at a rate equal to the then applicable Adjusted SBA Business Loan Benchmark Remittance Rate on the aggregate Aggregate Class A, Class M A and Class B Certificate Principal Balances immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum of the Class A, Class M A and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Adjusted Class M A and Adjusted Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the SBA Business Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, for the Remittance Dates in AprilJanuary, May February and June 2000March 1998, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), such excess being defined herein as the "Monthly Advance." The Servicer may reimburse itself for Monthly Advances made pursuant to Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA a Business Loan if it determines, in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA Business Loans.

Advances by the Servicer. Not later than the close of business on each Determination Date, the Servicer, may in its sole discretion, if it determines such amount is recoverable, Servicer shall remit to the Trustee for deposit in the Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Date pursuant to Section 6.07, equal to the amount by which (i) 30 days' interest at a rate equal to the then applicable Adjusted SBA Loan Benchmark Remittance Rate on the aggregate Class A, Class M A and Class B Principal Balances immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum of the Class A, Class M A and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Adjusted Class M A and Adjusted Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTAAgent of the SBA's Fee (plus, for the Remittance Dates in AprilJanuary, May February and June 2000March 1997, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), such excess being defined herein as the "Monthly Advance." The Servicer may reimburse itself for Monthly Advances made pursuant to Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA Loans.

Advances by the Servicer. Not later than the close of business on each Determination Date, the Servicer, may in its sole discretion, if it determines such amount is recoverable, Servicer shall remit to the Trustee for deposit in the Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Date pursuant to Section 6.07, equal to the amount by which (i) 30 days' interest at a rate equal to the then applicable Adjusted SBA Business Loan Benchmark Remittance Rate on the aggregate Aggregate Class A, Class M and Class B Certificate Principal Balances immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum of the Class A, Class M and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Adjusted Class M and Adjusted Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the SBA Business Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, for the Remittance Dates in April, May and June 20001997, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), such excess being defined herein as the "Monthly Advance." The Servicer may reimburse itself for Monthly Advances made pursuant to Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA Loans.

Advances by the Servicer. Not later than the close of business on each Determination Date, the Servicer, may in its sole discretion, if it determines such amount is recoverable, Servicer shall remit to the Trustee for deposit in the Certificate Account an amount (as indicated in the Servicer's Certificate prepared pursuant to Section 6.09), to be distributed on the related Remittance Date pursuant to Section 6.07, equal to the amount by which (i) 30 days' interest at a rate equal to the then applicable Adjusted SBA Loan Benchmark Remittance Rate on the aggregate Class A, Class M A and Class B Principal Balances immediately prior to the related Remittance Date (plus or minus the difference, if any, between (A) the sum of the Class A, Class M A and Class B Interest Distribution Amounts and (B) the sum of the Adjusted Class A, Adjusted Class M A and Adjusted Class B Interest Distribution Amounts for the related Remittance Date) exceeds (ii) the amount received by the Servicer as of the related Record Date in respect of interest on the SBA Loans minus the interest payable to the Registered Holders, the Premium Protection Fee, the Additional Fee, the Servicing Fee and the FTA's Fee (plus, for the Remittance Dates in April, May and June 20001998, the sum of (i) all funds to be transferred to the Certificate Account from the Capitalized Interest Account for such Remittance Date pursuant to Section 6.04(g) and (ii) the Pre-Funding Earnings for the applicable Remittance Date), such excess being defined herein as the "Monthly Advance." The Servicer may reimburse itself for Monthly Advances made pursuant to Section 5.04. Notwithstanding the foregoing, the Servicer shall not be required to make a Monthly Advance with respect to an SBA Loan if it determines, in good faith, that such advance would be nonrecoverable from amounts received in respect of the SBA Loans.