Allocation of Collections. Based upon the information contained in the Servicer Report, all Collections during each Collection Period with respect to Loans financed by an Advance shall be applied on each Payment Date in the following amounts and in the following order: (a) So long as no Event of Default shall have occurred and then be continuing, the Collateral Agent shall pay from the Principal Account the Principal Collections for the Related Collection Period (net of any amounts reborrowed pursuant to Section 2.9(d)) and any amounts withdrawn from the Cash Collateral Account in accordance with Section 5.1(b) hereof on each Payment Date to the Persons, in the amounts and in the priority set forth below (based solely on the information set forth in the related Servicer Report): (i) to the Lender, an amount equal to the Monthly Principal, if any, payable on such Payment Date; provided that, amounts payable to the Lender pursuant to this Section 2.9(a) may, at the prior written direction of the Lender, be paid to the Company on account of any Advance being made by the Lender on such Payment Date. Amounts so applied shall be deemed to have reduced the principal balance of the Advance that matured on such Payment Date; (ii) to each Borrower, the applicable Deferred Payment; and (iii) to the Company, any remaining Principal Collections on deposit in the Principal Account with respect to the Related Collection Period; provided, however, that no funds shall be distributed to the Company pursuant to this clause (iii) unless, after giving effect to such distribution, the Company shall be in compliance with the Collateral Coverage Condition. (b) So long as no Event of Default shall have occurred and then be continuing, the Collateral Agent shall pay from the Finance Charge Account the Interest Collections for the Related Collection Period (net of any amounts reborrowed pursuant to Section 2.9(d)) and any amounts withdrawn from the Cash Collateral Account in accordance with Section 5.1(b) and (c) hereof on each Payment Date to the Persons, in the amounts and in the priority set forth below (based solely on the information set forth on the related Servicer Report); provided, however, that the failure of the Servicer to deliver a Servicer Report shall not preclude the Collateral Agent from paying Monthly Interest, and the Collateral Agent shall distribute such Monthly Interest on the then current Advance Balance upon written direction from the Lender specifying the amount thereof: (i) to the Lender, an amount equal to the sum of (x) the Monthly Interest and (y) any unpaid Monthly Interest from all prior Payment Dates (with interest thereon in accordance with Section 2.1(b); (ii) to the Collateral Agent, the Collateral Agent Fee due to the Collateral (iii) to the Servicer, if DVI Business Credit Corporation or any Affiliate thereof is then acting as Servicer, an amount equal to the sum of (x) one-half of the Servicing Fee due on such Payment Date, (y) any unpaid Servicing Fee payable pursuant to this clause (iii) from all prior Payment Dates and (z) any out-of-pocket expenses for which the Servicer is entitled to reimbursement pursuant to Section 4.04(a) of the Contribution and Servicing Agreement; provided, however, that if DVI Business Credit Corporation or any Affiliate thereof is not then acting as Servicer, then the amount to be paid to the Servicer under this Section 2.9(b)(iii) shall be the entire Servicing Fee due on such Payment Date, any unpaid Servicing Fee from all prior Payment Dates and any out-of-pocket expenses for which the Servicer is entitled to reimbursement pursuant to Section 4.04(a) of the Contribution and Servicing Agreement; (iv) to the Collateral Agent for deposit in the Cash Collateral Account, an amount equal to the excess, if any, of (1) the Required Cash Collateral Account Balance for such Payment Date over (2) funds then on deposit in the Cash Collateral Account; (v) to the Collateral Agent, the reasonable and documented out-of-pocket expenses incurred by the Collateral Agent in connection with its administration of the transactions hereunder; (vi) to the Servicer, if DVI Business Credit Corporation or any Affiliate thereof is then acting as Servicer, an amount equal to the sum of (x) one-half of the Servicing Fee due on such Payment Date and (y) any unpaid Servicing Fee payable pursuant to this clause (vi) from all prior Payment Dates; (vii) to each Borrower, the applicable Deferred Payment; and (viii) to the Company, any remaining Interest Collections for the Related Collection Period; provided, however, that no funds shall be distributed to the Company pursuant to this clause (ix) unless the Company is in compliance with the Collateral Coverage Condition. (c) If at any time any amount or portion thereof previously distributed pursuant to Section 2.9(a) or (b) shall have been recovered, or shall be subject to recovery, in any proceeding with respect to the Company or otherwise, then for purposes of determining future distributions pursuant to Section 2.9(a) or (b) such amount or portion thereof shall be deemed not to have been previously so distributed. (d) Subject to the availability of funds on deposit in the Principal Account on any day, upon delivery of a Reborrowing Certificate in the form attached hereto as Exhibit E by the Company to the Collateral Agent and the Lender on a Business Day, the Collateral Agent shall (e) So long as no Event of Default shall have occurred and then be continuing and the Company shall be in compliance with the Collateral Coverage Condition, the Collateral Agent shall, upon receipt of an Officers' Certificate from the Servicer which states that all Loans and other amounts owing under a Revolving Credit Agreement have been paid in full and that the Collateral Coverage Condition is satisfied and will continue to be satisfied after giving effect to the requested release, release from the Loan Accounts any subsequent Collections received in respect of such Loan and remit such amounts to such Company.
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Allocation of Collections. Based upon the information contained in the Servicer Report, all Collections during each Collection Period with respect to Loans financed by an Advance shall be applied on ON PAYMENT DATES PRE-TERMINATION DATE. On each Payment Date in before the following amounts and in the following order:
(a) So long as no Event of Default shall have occurred and then be continuingTermination Date, the Collateral Servicer shall deposit into the Collection Account all Collections set aside and held in trust pursuant to SECTION 2.04(b) above during the immediately preceding Settlement Period, and the Agent shall pay from the Principal Account the Principal apply all such Collections for the Related Collection Period (net of any amounts reborrowed pursuant to Section 2.9(d)) and any amounts withdrawn from the Cash Collateral Account in accordance with Section 5.1(b) hereof on each Payment Date to the Persons, in the amounts and in the priority set forth below (based solely on the information set forth in the related Servicer Report):as follows:
(i) first, in payment of the following amounts in the following order for allocation to the Lenderrelevant Affected Parties: (1) Yield, (2) Ongoing Liquidity Fees, (3) Program Fees, (4) Conduit Fees, (5) Other Fees and (6) Servicer Fees, in each case to the extent accrued and unpaid;
(ii) second, to the extent of any amounts set aside under CLAUSES (B) or (C) of SECTION 2.04(b)(i), to the Purchasers in reduction of outstanding Capital, to be distributed (x) in the case of amounts set aside under clause (C), to the Purchasers ratably in accordance with the Receivables Interests of the Purchasers and (y) in the case of amounts set aside under clause (B), to the Conduit Purchaser in an amount equal to the Monthly Principal, if any, payable on such Payment Date; provided that, amounts payable to Conduit Purchaser's ratable share (in accordance with the Lender pursuant to this Section 2.9(a) may, at the prior written direction Receivables Interests of the Lender, be paid Purchasers) of such amounts until the Conduit Purchaser's outstanding Capital is reduced to the Company on account of any Advance being made by the Lender on such Payment Date. Amounts so applied shall be deemed to have reduced the principal balance of the Advance that matured on such Payment Date;
(ii) to each Borrower, the applicable Deferred Paymentzero; and
(iii) third, to the CompanySeller in payment of the Purchase Price for a Reinvestment Purchase (allocated ratably among all of the Purchasers or, any remaining Principal Collections on deposit in if the Principal Account with respect to Agent has notified the Related Collection Period; provided, however, that no funds shall be distributed to Seller and the Company pursuant to this clause (iii) unless, after giving effect to such distribution, the Company shall be in compliance with the Collateral Coverage Condition.
(b) So long as no Event of Default shall have occurred and then be continuing, the Collateral Agent shall pay from the Finance Charge Account the Interest Collections for the Related Collection Period (net of any amounts reborrowed pursuant to Section 2.9(d)) and any amounts withdrawn from the Cash Collateral Account in accordance with Section 5.1(b) and (c) hereof on each Payment Date to the Persons, in the amounts and in the priority set forth below (based solely on the information set forth on the related Servicer Report); provided, however, that the failure of the Servicer to deliver a Servicer Report Conduit Purchaser shall not preclude make any more Reinvestment Purchases, allocated ratably among the Collateral Agent from paying Monthly Interest, and the Collateral Agent shall distribute such Monthly Interest on the then current Advance Balance upon written direction from the Lender specifying the amount thereof:
(i) to the Lender, an amount equal to the sum of (x) the Monthly Interest and (y) any unpaid Monthly Interest from all prior Payment Dates (with interest thereon in accordance with Section 2.1(bCommitted Purchasers);
(ii) to the Collateral Agent, the Collateral Agent Fee due to the Collateral
(iii) to the Servicer, if DVI Business Credit Corporation or any Affiliate thereof is then acting as Servicer, an amount equal to the sum of (x) one-half of the Servicing Fee due on such Payment Date, (y) any unpaid Servicing Fee payable pursuant to this clause (iii) from all prior Payment Dates and (z) any out-of-pocket expenses for which the Servicer is entitled to reimbursement pursuant to Section 4.04(a) of the Contribution and Servicing Agreement; provided, however, that if DVI Business Credit Corporation or any Affiliate thereof is not then acting as Servicer, then the amount to be paid to the Servicer under this Section 2.9(b)(iii) shall be the entire Servicing Fee due on such Payment Date, any unpaid Servicing Fee from all prior Payment Dates and any out-of-pocket expenses for which the Servicer is entitled to reimbursement pursuant to Section 4.04(a) of the Contribution and Servicing Agreement;
(iv) to the Collateral Agent for deposit in the Cash Collateral Account, an amount equal to the excess, if any, of (1) the Required Cash Collateral Account Balance for such Payment Date over (2) funds then on deposit in the Cash Collateral Account;
(v) to the Collateral Agent, the reasonable and documented out-of-pocket expenses incurred by the Collateral Agent in connection with its administration of the transactions hereunder;
(vi) to the Servicer, if DVI Business Credit Corporation or any Affiliate thereof is then acting as Servicer, an amount equal to the sum of (x) one-half of the Servicing Fee due on such Payment Date and (y) any unpaid Servicing Fee payable pursuant to this clause (vi) from all prior Payment Dates;
(vii) to each Borrower, the applicable Deferred Payment; and
(viii) to the Company, any remaining Interest Collections for the Related Collection Period; provided, however, that no funds shall be distributed to the Company pursuant to this clause (ix) unless the Company is in compliance with the Collateral Coverage Condition.
(c) If at any time any amount or portion thereof previously distributed pursuant to Section 2.9(a) or (b) shall have been recovered, or shall be subject to recovery, in any proceeding with respect to the Company or otherwise, then for purposes of determining future distributions pursuant to Section 2.9(a) or (b) such amount or portion thereof shall be deemed not to have been previously so distributed.
(d) Subject to the availability of funds on deposit in the Principal Account on any day, upon delivery of a Reborrowing Certificate in the form attached hereto as Exhibit E by the Company to the Collateral Agent and the Lender on a Business Day, the Collateral Agent shall
(e) So long as no Event of Default shall have occurred and then be continuing and the Company shall be in compliance with the Collateral Coverage Condition, the Collateral Agent shall, upon receipt of an Officers' Certificate from the Servicer which states that all Loans and other amounts owing under a Revolving Credit Agreement have been paid in full and that the Collateral Coverage Condition is satisfied and will continue to be satisfied after giving effect to the requested release, release from the Loan Accounts any subsequent Collections received in respect of such Loan and remit such amounts to such Company.
Appears in 1 contract
Allocation of Collections. Based upon the information contained in (a) On each Remittance Date, the Servicer Reportshall apply Collections (including, all Collections during each without limitation, the amount of Deemed Collections) for the immediately preceding Collection Period with respect to Loans financed by an Advance shall be applied on each Payment Date in the following amounts and in the following order:
(ai) So long first, to repay any unreimbursed Servicer Advances;
(ii) second, to the payment to the Agent of any accrued and unpaid Carrying Costs for any preceding Collection Period;
(iii) third, to Buyer A or the Bank nvestors, as no Event the case may be, in reduction of Default shall have occurred Buyer A's Net Investment, any excess of Buyer A's Net Investment over the amount of the Eligible Pool Balance as of the last Business Day of the immediately preceding Collection Period;
(iv) fourth, to the Servicer for any accrued and then be continuingunpaid Servicing Fees for any preceding Collection Period;
(v) fifth, to Buyer B, the Collateral Agent shall pay from the Principal Account the Principal Collections for the Related Collection Period (net amount of any amounts reborrowed accrued and unpaid Buyer B Program Fee and Incentive Fee due and owing to it pursuant to the Fee Letter, for any preceding Collection Period;
(vi) sixth, to the Transferor to be applied to the purchase of additional undivided percentage interests in the Receivables pursuant to Section 2.9(d)2.2(e) equal to the aggregate amount of principal receivables purchases made by Obligors during such Collection Period, minus the amount of purchases made pursuant to Sections 2.2(a) and 2.2(e) since the preceding Remittance Date;
(vii) seventh, to the Agent in reduction of Buyer A's Net Investment, until Buyer A's Net Investment is reduced to zero, and then in reduction of Buyer B's Net Investment, until Buyer B's Net Investment is reduced to zero;
(viii) eighth, to the Agent, without duplication, in satisfaction of all other Aggregate Unpaids that are due and owing on such Remittance Date; and
(ix) ninth, any amounts withdrawn from the Cash Collateral Account remaining after application in accordance with clauses (i) through (viii) above shall be distributed in accordance with Section 5.1(b2.5(b) hereof on each Payment Date hereof, so long as the Transferor shall not have purchased Buyer B's Net Investment pursuant to the Persons, in Purchase Option Agreement or this Agreement.
(b) Collections remaining pursuant to clause (ix) of Section 2.5(a) shall be distributed by the amounts and in the priority set forth below (based solely on the information set forth in the related Servicer Report):as follows:
(i) first, to the Lender, Transferor up to an amount equal to the Monthly Principal, if any, payable Initial Transferor Interest plus an amount sufficient to yield an imputed internal rate of return of 7.50% per annum on such Payment Datethe Initial Transferor Interest; provided that, amounts payable to the Lender pursuant to this Section 2.9(a) may, at the prior written direction of the Lender, be paid to the Company on account of any Advance being made by the Lender on such Payment Date. Amounts so applied shall be deemed to have reduced the principal balance of the Advance that matured on such Payment Date;and
(ii) second, until all Receivables are reduced to each Borrowerzero, the applicable Deferred Payment; and
(iii) to the Company, any 90% of remaining Principal Collections on deposit in the Principal Account with respect to the Related Collection Period; provided, however, that no funds shall will be distributed to the Company pursuant Transferor and 10% of remaining Collections will be distributed to this clause (iii) unless, after giving effect to such distribution, the Company shall be in compliance with the Collateral Coverage Condition.Buyer B.
(b) So long as no Event of Default shall have occurred and then be continuing, the Collateral Agent shall pay from the Finance Charge Account the Interest Collections for the Related Collection Period (net of any amounts reborrowed pursuant to Section 2.9(d)) and any amounts withdrawn from the Cash Collateral Account in accordance with Section 5.1(b) and (c) hereof In the event that, on each Payment Date any date, there are not sufficient Collections to pay the PersonsCarrying Costs due and payable on such day, in the amounts and in the priority set forth below (based solely on the information set forth on the related Servicer Report); providedServicer, however, that the failure of the Servicer to deliver a Servicer Report shall not preclude the Collateral Agent from paying Monthly Interest, and the Collateral Agent shall distribute such Monthly Interest on the then current Advance Balance acting upon written direction notice from the Lender specifying the amount thereof:
(i) to the LenderAgent, shall make an advance in an amount equal to the sum shortfall in funds available on such day (each, a "Servicer Advance") and pay to the Agent, for the account of (x) the Monthly Interest and (y) Buyers, the amount of such advance, provided, that the Servicer shall not be required to make a Servicer Advance to the extent that it determines, in its sole discretion, that such advance is unlikely to be recovered from Collections in subsequent Collection Periods. On each Remittance Date, the Servicer shall be entitled to reimbursement, without interest, for any unpaid Monthly Interest from all prior Payment Dates (with interest thereon Servicer Advances not previously reimbursed in accordance with Section 2.1(b2.5(a)(i);
(ii) to the Collateral Agent, the Collateral Agent Fee due to the Collateral
(iii) to the Servicer, if DVI Business Credit Corporation or any Affiliate thereof is then acting as Servicer, an amount equal to the sum of (x) one-half of the Servicing Fee due on such Payment Date, (y) any unpaid Servicing Fee payable pursuant to this clause (iii) from all prior Payment Dates and (z) any out-of-pocket expenses for which the Servicer is entitled to reimbursement pursuant to Section 4.04(a) of the Contribution and Servicing Agreement; provided, however, that if DVI Business Credit Corporation or any Affiliate thereof is not then acting as Servicer, then the amount to be paid to the Servicer under this Section 2.9(b)(iii) shall be the entire Servicing Fee due on such Payment Date, any unpaid Servicing Fee from all prior Payment Dates and any out-of-pocket expenses for which the Servicer is entitled to reimbursement pursuant to Section 4.04(a) of the Contribution and Servicing Agreement;
(iv) to the Collateral Agent for deposit in the Cash Collateral Account, an amount equal to the excess, if any, of (1) the Required Cash Collateral Account Balance for such Payment Date over (2) funds then on deposit in the Cash Collateral Account;
(v) to the Collateral Agent, the reasonable and documented out-of-pocket expenses incurred by the Collateral Agent in connection with its administration of the transactions hereunder;
(vi) to the Servicer, if DVI Business Credit Corporation or any Affiliate thereof is then acting as Servicer, an amount equal to the sum of (x) one-half of the Servicing Fee due on such Payment Date and (y) any unpaid Servicing Fee payable pursuant to this clause (vi) from all prior Payment Dates;
(vii) to each Borrower, the applicable Deferred Payment; and
(viii) to the Company, any remaining Interest Collections for the Related Collection Period; provided, however, that no funds shall be distributed to the Company pursuant to this clause (ix) unless the Company is in compliance with the Collateral Coverage Condition.
(c) If at any time any amount or portion thereof previously distributed pursuant to Section 2.9(a) or (b) shall have been recovered, or shall be subject to recovery, in any proceeding with respect to the Company or otherwise, then for purposes of determining future distributions pursuant to Section 2.9(a) or (b) such amount or portion thereof shall be deemed not to have been previously so distributed.
(d) Subject to the availability of funds on deposit in the Principal Account on any day, upon delivery of a Reborrowing Certificate in the form attached hereto as Exhibit E by the Company to the Collateral Agent and the Lender on a Business Day, the Collateral Agent shall
(e) So long as no Event of Default shall have occurred and then be continuing and the Company shall be in compliance with the Collateral Coverage Condition, the Collateral Agent shall, upon receipt of an Officers' Certificate from the Servicer which states that all Loans and other amounts owing under a Revolving Credit Agreement have been paid in full and that the Collateral Coverage Condition is satisfied and will continue to be satisfied after giving effect to the requested release, release from the Loan Accounts any subsequent Collections received in respect of such Loan and remit such amounts to such Company.
Appears in 1 contract
Samples: Transfer and Administration Agreement (Compucredit Corp)
Allocation of Collections. Based upon the information contained in (a) On each Remittance Date, the Servicer Reportshall apply Collections (including, all Collections during each without limitation, the amount of Deemed Collections)for the immediately preceding Collection Period with respect to Loans financed by an Advance shall be applied on each Payment Date in the following amounts and in the following order:
(a) So long as no Event of Default shall have occurred and then be continuing, the Collateral Agent shall pay from the Principal Account the Principal Collections for the Related Collection Period (net of any amounts reborrowed pursuant to Section 2.9(d)) and any amounts withdrawn from the Cash Collateral Account in accordance with Section 5.1(b) hereof on each Payment Date to the Persons, in the amounts and in the priority set forth below (based solely on the information set forth in the related Servicer Report):
(i) first, to the Lender, an amount equal to the Monthly Principal, if any, payable on such Payment Date; provided that, amounts payable to the Lender pursuant to this Section 2.9(a) may, at the prior written direction of the Lender, be paid to the Company on account of repay any Advance being made by the Lender on such Payment Date. Amounts so applied shall be deemed to have reduced the principal balance of the Advance that matured on such Payment Dateunreimbursed Servicer Advances;
(ii) second, to each Borrower, the applicable Deferred Payment; andpayment to the Agent of any accrued and unpaid Carrying Costs for any preceding Collection Period;
(iii) third, to the CompanyAgent for the benefit of the Owners, in reduction of the Net Investment, any remaining Principal Collections on deposit in excess of the Principal Account with respect to Net Investment over the Related amount of the Eligible Pool Balance as of the last Business Day of the immediately preceding Collection Period; provided, however, that no funds shall be distributed to the Company pursuant to this clause (iii) unless, after giving effect to such distribution, the Company shall be in compliance with the Collateral Coverage Condition.
(b) So long as no Event of Default shall have occurred and then be continuing, the Collateral Agent shall pay from the Finance Charge Account the Interest Collections for the Related Collection Period (net of any amounts reborrowed pursuant to Section 2.9(d)) and any amounts withdrawn from the Cash Collateral Account in accordance with Section 5.1(b) and (c) hereof on each Payment Date to the Persons, in the amounts and in the priority set forth below (based solely on the information set forth on the related Servicer Report); provided, however, that the failure of the Servicer to deliver a Servicer Report shall not preclude the Collateral Agent from paying Monthly Interest, and the Collateral Agent shall distribute such Monthly Interest on the then current Advance Balance upon written direction from the Lender specifying the amount thereof:
(i) to the Lender, an amount equal to the sum of (x) the Monthly Interest and (y) any unpaid Monthly Interest from all prior Payment Dates (with interest thereon in accordance with Section 2.1(b);
(ii) to the Collateral Agent, the Collateral Agent Fee due to the Collateral
(iii) to the Servicer, if DVI Business Credit Corporation or any Affiliate thereof is then acting as Servicer, an amount equal to the sum of (x) one-half of the Servicing Fee due on such Payment Date, (y) any unpaid Servicing Fee payable pursuant to this clause (iii) from all prior Payment Dates and (z) any out-of-pocket expenses for which the Servicer is entitled to reimbursement pursuant to Section 4.04(a) of the Contribution and Servicing Agreement; provided, however, that if DVI Business Credit Corporation or any Affiliate thereof is not then acting as Servicer, then the amount to be paid to the Servicer under this Section 2.9(b)(iii) shall be the entire Servicing Fee due on such Payment Date, any unpaid Servicing Fee from all prior Payment Dates and any out-of-pocket expenses for which the Servicer is entitled to reimbursement pursuant to Section 4.04(a) of the Contribution and Servicing Agreement;
(iv) fourth, to the Collateral Agent Servicer for deposit in the Cash Collateral Account, an amount equal to the excess, if any, of (1) the Required Cash Collateral Account Balance any accrued and unpaid Servicing Fees for such Payment Date over (2) funds then on deposit in the Cash Collateral Accountany preceding Collection Period;
(v) fifth, to the Collateral AgentTransferor to be applied to the purchase of additional undivided percentage interests in the Receivables pursuant to Section 2.2(e) equal to the aggregate amount of principal receivables purchases made by Obligors during such Collection Period, minus the reasonable amount of purchases made pursuant to Sections 2.2(a) and documented out-of-pocket expenses incurred by 2.2(e) since the Collateral Agent in connection with its administration of the transactions hereunderpreceding Remittance Date;
(vi) sixth, to the Servicer, if DVI Business Credit Corporation or any Affiliate thereof is then acting as Servicer, an amount equal to the sum of (x) one-half Agent in reduction of the Servicing Fee due on such Payment Date and (y) any unpaid Servicing Fee payable pursuant Net Investment, until the Net Investment is reduced to this clause (vi) from all prior Payment Dateszero;
(vii) seventh, to each Borrowerthe Agent, the applicable Deferred Paymentwithout duplication, in satisfaction of all other Aggregate Unpaids that are due and owing on such Remittance Date; and
(viii) to the Companyeighth, any amounts remaining Interest Collections for the Related Collection Period; provided, however, that no funds after application in accordance with clauses (i) through (vii) above shall be distributed to the Company pursuant Transferor.
(b) In the event that, on any date, there are not sufficient Collections to this clause pay the Carrying Costs due and payable on such day, the Servicer, acting upon written notice from the Agent, shall make an advance in an amount equal to the shortfall in funds available on such day (ixeach, a "Servicer Advance") unless and pay to the Company Agent, the amount of such advance, provided, that the Servicer shall not be required to make a Servicer Advance to the extent that it determines, in its sole discretion, that such advance is unlikely to be recovered from Collections in compliance subsequent Collection Periods. On each Remittance Date, the Servicer shall be entitled to reimbursement, without interest, for any Servicer Advances not previously reimbursed in accordance with the Collateral Coverage ConditionSection 2.5(a)(i).
(c) If at any time any amount or portion thereof previously distributed pursuant Subject to Section 2.9(a) or (b) shall have been recovered2.12, or shall be subject the Servicer may apply Collections to recovery, in any proceeding with respect pay Carrying Costs related to the Company or otherwise, then for purposes funding of determining future distributions pursuant to Section 2.9(a) or (b) such amount or portion thereof shall be deemed not to have been previously so distributed.
(d) Subject to the availability Net Investment through the issuance of funds on deposit in the Principal Account Related Commercial Paper on any day, upon delivery of a Reborrowing Certificate in the form attached hereto as Exhibit E by the Company to the Collateral Agent date that such Related Commercial Paper becomes due and the Lender on a Business Day, the Collateral Agent shall
(e) So long as no Event of Default shall have occurred and then be continuing and the Company shall be in compliance with the Collateral Coverage Condition, the Collateral Agent shall, upon receipt of an Officers' Certificate from the Servicer which states that all Loans and other amounts owing under a Revolving Credit Agreement have been paid in full and that the Collateral Coverage Condition is satisfied and will continue to be satisfied after giving effect to the requested release, release from the Loan Accounts any subsequent Collections received in respect of such Loan and remit such amounts to such Companypayable.
Appears in 1 contract
Samples: Transfer and Administration Agreement (Compucredit Corp)