Allocations and Applications of Collections and Other Funds. (a) Except as otherwise provided in Section 4.03(b), the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second Business Day after such Date of Processing. (b) Notwithstanding anything in this Agreement to the contrary, for so long as (i) CCC remains the Servicer hereunder, (ii) no Service Default has occurred and is continuing and (iii) (x) CCC is a wholly owned subsidiary of CFC and CFC maintains a short-term rating of at least A-1 by Standard & Poor's and P-1 by Moody's (and for five Business Days following any reduction of either such rating), (y) CCC arranges for and maintains a letter of credit or other form of Enhancement in respect of the Servicer's obligations to make deposits of collections on the Receivables in the Collection Account that is acceptable form and substance to each Rating Agency and any Agents or (z) CCC otherwise obtains the Rating Agency confirmation described below, then, subject to any limitations in the confirmations r described below, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in Section 4.02, but may make a single deposit into the Collection Account in same day or next day funds not later than 12:00 noon, New York City time, on the Business Day immediately preceding the Distribution Date in a net amount equal to the amount which would have been on deposit with respect to the immediately preceding Collection Period in the Collection Account; provided, however, that prior to ceasing daily deposits as described above the Seller shall have delivered to the Trustee written confirmation from each of the Rating Agencies that the failure by CCC to make daily deposits will not result in a reduction or withdrawal of the rating of any outstanding Series or Class. (c) Subject to Section 4.04, but notwithstanding anything else in this Agreement to the contrary, with respect to any Collection Period, whether the Servicer is required to make deposits of Collections pursuant to paragraph (a) or (b) above, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on the related Distribution Date to Investor Certificateholders, to any Agent or to any Enhancement Provider pursuant to the terms of any Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account. (d) Collections of Non-Principal Receivables and Principal Receivables, Defaulted Receivables and Miscellaneous Payments will be allocated to each Series from and after the related Series Cut-Off Date on the basis of such Series' Series Allocable Non-Principal Collections, Series Allocable Principal Collections, Series Allocable Defaulted Amount and Series Allocable Miscellaneous Payments and amounts so allocated to any Series will not, except as specified in the related supplement, be available to the Investor Certificateholders of any other Series. Allocations thereof between the Certificateholders' Interest and the Seller's Interest, among the Series in any group and among the Classes in any Series shall be set forth in the related Supplement or Supplements.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC), Pooling and Servicing Agreement (Carco Auto Loan Master Trust)
Allocations and Applications of Collections and Other Funds. (a) Except as otherwise provided in Section 4.03(b), the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second Business Day after such Date of Processing.
(b) Notwithstanding anything in this Agreement to the contrary, for so long as (i) CCC DCS remains the Servicer hereunder, (ii) no Service Default has occurred and is continuing and (iii) (x) CCC is a wholly owned subsidiary of CFC and CFC DCS maintains a short-term rating of at least A-1 by Standard & Poor's and P-1 by Moody's (and for five Business Days following any reduction of either such rating), (y) CCC DCS arranges for and maintains a letter of credit or other form of Enhancement in respect of the Servicer's obligations to make deposits of collections on the Receivables in the Collection Account that is acceptable in form and substance to each Rating Agency and any Agents or (z) CCC DCS otherwise obtains the Rating Agency confirmation confirmations described below, then, subject to any limitations in the confirmations r described below, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in Section 4.02, but may make a single deposit into the Collection Account in same same-day or next next-day funds not later than 12:00 noon11:00 A.M., New York City time, on the Business Day immediately preceding the Distribution Date in a net amount equal to the amount which would have been on deposit with respect to the immediately preceding Collection Period in the Collection Account; provided, however, that prior to ceasing daily deposits as described above the Seller shall have delivered to the Trustee written confirmation from each of the Rating Agencies that the failure by CCC DCS to make daily deposits will not result in a reduction or withdrawal of the rating of any outstanding Series or Class.
(c) Subject to Section 4.04, but notwithstanding anything else in this Agreement to the contrary, with respect to any Collection Period, whether the Servicer is required to make deposits of Collections pursuant to paragraph (a) or (b) above, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on the related Distribution Date to Investor Certificateholders, to any Agent or to any Enhancement Provider pursuant to the terms of any Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account.
(d) Collections Subject to and in accordance with Section 4.03(e), collections of Non-Principal Receivables and Principal Receivables, Defaulted Receivables and Miscellaneous Payments will be allocated to each Series from and after the related Series Cut-Off Date on the basis of such Series' Series Allocable Non-Principal Collections, Series Allocable Principal Collections, Series Allocable Defaulted Amount and Series Allocable Miscellaneous Payments and amounts so allocated to any Series will not, except as specified in the related supplementSupplement, be available to the Investor Certificateholders of any other Series. Allocations thereof between the Certificateholders' Interest and the Seller's Interest, among the Series in any group and among the Classes in any Series shall be set forth in the related Supplement or Supplements; provided, however, Collections of Non-Principal Receivables and Principal Receivables, Defaulted Receivables and Miscellaneous Payments shall not be allocated to any Excluded Series until the Invested Amount of the Series relating to such Excluded Series is reduced to $0.
(e) For purposes of determining each Series' Series Allocation Percentage in connection with the allocation of Non-Principal Receivables and Principal Receivables, Defaulted Receivables and Miscellaneous Payments for the specified Collection Period:
(i) unless the related Supplement shall provide otherwise, each Series upon issuance, shall be deemed to have been created and in existence as of the first day of the Collection Period in which the related Series Cut-Off Date falls and, as a result, shall be allocated (based on its Series Allocation Percentage) its allocable portion of Non-Principal Receivables and Principal Receivables, Defaulted Receivables and Miscellaneous Payments for such Collection Period; and
(ii) unless the related Supplement shall provide otherwise, with respect to any Series, if (x) as of the last day of any Collection Period the amounts on deposit in the Collection Account and the related Series Accounts with respect to such Collection Period are sufficient to pay in full all amounts payable by the Trust on or with respect to such Series' Certificates on the Distribution Date relating to such Collection Period (after giving effect to the allocations, distributions, withdrawals and deposits to be made on such related Distribution Date) then (y) such Series shall be deemed to have been paid in full on such last day and, as a result, shall not be allocated any portion of Non-Principal Receivables and Principal Receivables, Defaulted Receivables and Miscellaneous Payments for any subsequent Collection Period. For purposes of making the determination in clause (x) above, on the date of any such determination it shall be assumed that any theretofore unpaid Adjustment Payments with respect to the immediately preceding Collection Period shall be allocated to such Series on the related Determination Date and shall be payable from amounts allocated to or available with respect to such Series on the related Distribution Date.
(f) On each Distribution Date, amounts on deposit in the Collection Account on such Distribution Date resulting from payment by the Seller of the Repurchased Receivables Purchase Price pursuant to Section 2.06(d) shall be applied as follows: first, to fund any unpaid Miscellaneous Payments due on or prior to such Distribution Date and second, an amount equal to the product of (i) the amount of the Repurchased Receivables Purchase Price initially deposited by the seller in the Collection Account pursuant to Section 2.06(d) and (ii) the Monthly Payment Rate for the immediately preceding Collection Period, shall be treated as Principal Collections collected in the immediately preceding Collection Period.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC), Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)
Allocations and Applications of Collections and Other Funds. (a) Except as otherwise provided in Section 4.03(bSections 4.3(b) and (c), the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second Business Day after such Date of Processing.
(b) Notwithstanding anything in this Agreement to the contrary, for so long as (i) CCC DFS remains the Servicer hereunder, (ii) no Service Servicer Default has occurred and is continuing and (iii) (x) CCC is a wholly owned subsidiary of CFC and CFC maintains a short-term rating of at least A-1 by Standard & Poor's and P-1 by Moody's (and for five Business Days following any reduction of either such rating), (y) CCC DFS arranges for and maintains a letter of credit or other form of Enhancement in respect of the Servicer's obligations to make deposits of collections on the Receivables in the Collection Account that is acceptable in form and substance to each Rating Agency and any Agents or (zy) CCC DFS otherwise obtains the Rating Agency confirmation confirmations described below, then, subject to any limitations in the confirmations r described below, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in Section 4.024.3(a), but may make a single deposit into the Collection Account in same day or next same-day funds not later than 12:00 noon, New York City time, on the Business Day immediately preceding the Distribution Date in a net amount equal to the amount which would have been on deposit with respect to the immediately preceding Collection Period in the Collection Account; provided, however, that prior to ceasing daily deposits as described above the Seller shall have delivered to the Trustee written confirmation from each of the Rating Agencies that the failure by CCC DFS to make daily deposits will shall not result in a reduction or withdrawal of the rating of any outstanding Series or Class.
(c) Subject to Section 4.044.4, but notwithstanding anything else in this Agreement to the contrary, with respect to any Collection Period, whether the Servicer is required to make deposits of Collections pursuant to paragraph (a) or (b) above, (i) the Servicer will shall only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any all Series Account Accounts or, without duplication, distributed on the related Distribution Date to all Investor Certificateholders, to any each Agent or to any each Enhancement Provider pursuant to the terms of any Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will shall be permitted to withdraw the excess from the Collection Account. The Servicer may make any deposits, distributions or payments under this Agreement net of any amounts to be distributed or paid to the Servicer under this Agreement; provided that the Servicer shall account for such deposits, distributions and payments as if such amounts were deposited, distributed or paid separately without such netting.
(d) Collections Subject to Section 4.5, collections of Non-Principal Receivables and Principal Receivables, Defaulted Receivables Amounts and Miscellaneous Payments will shall be allocated to each Series from and after the related Series Cut-Off Date on as specified in the basis of such Series' Series Allocable Non-Principal Collectionsrelated Supplement, Series Allocable Principal Collections, Series Allocable Defaulted Amount and Series Allocable Miscellaneous Payments and amounts so allocated to any Series will shall not, except as specified in the related supplementSupplement, be available to the Investor Certificateholders of any other Series. Allocations thereof between the Certificateholders' Interest and the Seller's Interest, among the Series in any group and among the Classes in any Series shall be set forth in the related Supplement or Supplements.
(e) With respect to a receivable in which a Receivable and a Participation Interest are undivided interests, the Servicer shall instruct the Trustee in writing to distribute (and the Trustee shall distribute) the portion of a collection allocable to such Participation Interest from the Collection Account (to the extent it has been deposited into the Collection Account) to the Servicer not later than one month after the deposit of such portion into the Collection Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Distribution Financial Services Floorplan Master Trust)
Allocations and Applications of Collections and Other Funds. (a) Except as otherwise provided in Section 4.03(b4.3(b) and (c), the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second Business Day after such Date of Processing.
(b) Notwithstanding anything in this Agreement to the contrary, for so long as (i) CCC World Omni remains the Servicer hereunder, (ii) no Service Servicing Default has occurred and is continuing and (iii) World Omni either (x) CCC is a wholly owned subsidiary of CFC and CFC maintains a short-term debt rating of at least A-1 by Standard & Poor's and P-1 by Moody's (and for five Business Days following any reduction of either such rating), (y) CCC arranges for and maintains a letter of credit or other form of Enhancement in respect of the Servicer's obligations to make deposits of collections on the Receivables in the Collection Account that Account, which letter of credit or Enhancement is acceptable in form and substance to each Rating Agency and any Agents or (z) CCC otherwise obtains satisfies the Rating Agency confirmation described belowCondition, then, subject to any limitations in imposed by the confirmations r described belowRating Agencies, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in Section 4.024.2, but may make a single deposit into the Collection Account in same the same-day or next next-day funds not later than 12:00 noon, New York City time, on the Business Day immediately preceding the Distribution Payment Date in a net amount equal to the amount which would have been on deposit with respect to the immediately preceding Collection Period in the Collection Account; provided, however, that prior to ceasing daily deposits as described above the Seller Rating Agency Condition shall have delivered to the Trustee written confirmation from each of the Rating Agencies that the failure by CCC to make daily deposits will not result in a reduction or withdrawal of the rating of any outstanding Series or Classbeen satisfied.
(c) Subject to Section 4.044.4, but notwithstanding anything else in this Agreement to the contrary, with respect to any Collection Period, whether the Servicer is required to make deposits of Collections pursuant to paragraph (a) or (b) above, (i) the Servicer will only be required to deposit Collections into the Collection Account as set forth in paragraph (a) above up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on the related Distribution Payment Date (whether or not such funds will be distributed to Investor CertificateholdersNoteholders, retained in the Collection Account or deposited in another account on such Payment Date) to Noteholders, to any Agent or to any Enhancement Provider pursuant to the terms of any Series Supplement or Enhancement Agreement with respect to the related Collection Period and (ii) if at any time prior to such Distribution Payment Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account.
(d) Collections of Non-Principal Receivables and Principal ReceivablesCollections, Defaulted Receivables Amounts and Miscellaneous Payments will be allocated to each Series from and after the related Series Cut-Off Date on the basis of such Series' Series Allocable Non-Principal Collections, Series Allocable Principal Collections, Series Allocable Defaulted Amount and Series Allocable Miscellaneous Payments and amounts so allocated to any Series will not, except as specified in the related supplement, be available to the Investor Certificateholders of any other Series. Allocations thereof between the Certificateholders' Interest and the Seller's Interest, among the Series in any group and among the Classes in any Series shall be set forth in the related Supplement or Supplementsapplicable Series Supplement.
Appears in 1 contract
Allocations and Applications of Collections and Other Funds. (a) Except as otherwise provided in Section 4.03(b), the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second Business Day after such Date of Processing.
(b) Notwithstanding anything in this Agreement to the contrary, for so long as (i) CCC CCCL remains the Servicer hereunder, (ii) no Service Default has occurred and is continuing and (iii) (x) CCC is CFC owns, directly or indirectly, at least a wholly owned subsidiary majority of CFC the issued and outstanding shares of capital stock of CCCL which are entitled to vote under all circumstances for the election of the Board of Directors of CCCL and CFC maintains a short-short term rating of at least A-1 by Standard & Poor's and P-1 by Moody's (and for five Business Days following any reduction of either such rating), (y) CCC CCCL arranges for and maintains a letter of credit or other form of Enhancement in respect of the Servicer's obligations to make deposits of collections on the Receivables in the Collection Account that is acceptable in form and substance to each Rating Agency Agency, any Agents and any Agents Enhancement Providers or (z) CCC CCCL otherwise obtains the Rating Agency confirmation confirmations described below, then, subject to any limitations in the confirmations r described below, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in Section 4.024.03(a), but may make a single deposit into the Collection Account in same day or next day funds not later than 12:00 noon, New York City Toronto time, on the Business Day immediately preceding the Distribution Date in a net amount equal to the amount which would have been on deposit on that day with respect to the immediately preceding Collection Period in the Collection Account; provided, however, that prior to ceasing daily deposits as described above provided in Section 4.03(a), the Seller shall have delivered to the Trustee Custodian written confirmation from each of the Rating Agencies that the failure by CCC CCCL to make daily such deposits will not result in a reduction or withdrawal of the rating of any outstanding Series or ClassSecurities.
(c) Subject to Section 4.04, but notwithstanding anything else in this Agreement to the contrary, with respect to any Collection Period, whether the Servicer is required to make deposits of Collections pursuant to paragraph (aSection 4.03(a) or (b) above), (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on the related Distribution Date to Investor Master Custodial Certificateholders, to any Agent or to any Enhancement Provider pursuant to the terms of any Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to instruct the Custodian to withdraw the excess from the Collection AccountAccount and distribute the amount withdrawn in accordance with the Servicer's instructions. Such excess shall be deemed to be allocable to the Holder of the Seller's Master Custodial Certificates.
(d) Subject to and in accordance with Section 4.03(e), Collections of Non-Principal Receivables and Principal Receivables, Defaulted Receivables Receivables, Miscellaneous Payments and Miscellaneous unpaid Adjustment Payments will be allocated to each Series from and after the related Series Cut-Off Date on the basis of such Series' Series Allocable Non-Principal Collections, Series Allocable Principal Collections, Series Allocable Defaulted Amount and Series Allocable Miscellaneous Payments or, in the case of unpaid Adjustment Payments, in accordance with Section 3.09(a) and amounts so allocated to any Series will not, except as specified in the related supplementSupplement, be available to the Investor Master Custodial Certificateholders of any other Series. Allocations thereof between the Master Custodial Certificateholders' Interest Interests and the Seller's Interest, among the Series in any group and among the Classes in any Series shall be set forth in the related Supplement or Supplements.
(e) For purposes of Section 2.05(a) and of determining each Series' Series Allocation Percentage for the specified Collection Period:
(i) unless the related Supplement shall provide otherwise, each Series upon issuance, shall be deemed to have been created and in existence as of the close of business on the related Series Cut-Off Date; and
(ii) unless the related Supplement shall provide otherwise, each Series, upon the final distribution to the Investor Master Custodial Certificateholders of such Series as described in Section 12.02, shall be deemed to be no longer outstanding as of the close of business on the last day of the Collection Period immediately preceding the Collection Period in which such final distribution occurs.
Appears in 1 contract
Samples: Master Custodial and Servicing Agreement (Chrysler Financial Corp)
Allocations and Applications of Collections and Other Funds. (a) Except as otherwise provided in Section 4.03(bSections 4.3(b) and (c), the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second Business Day after such Date of Processing.
(b) Notwithstanding anything in this Agreement to the contrary, for so long as (i) CCC DFS remains the Servicer hereunder, (ii) no Service Servicer Default has occurred and is continuing and (iii) (x) CCC is a wholly owned subsidiary of CFC and CFC maintains a short-term rating of at least A-1 by Standard & Poor's and P-1 by Moody's (and for five Business Days following any reduction of either such rating), (y) CCC DFS arranges for and maintains a letter of credit or other form of Enhancement in respect of the Servicer's obligations to make deposits of collections on the Receivables in the Collection Account that is acceptable in form and substance to each Rating Agency and any Agents or (zy) CCC DFS otherwise obtains the Rating Agency confirmation confirmations described below, then, subject to any limitations in the confirmations r described below, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in Section 4.024.3(a), but may make a single deposit into the Collection Account in same day or next same-day funds not later than 12:00 noon, New York City time, on the Business Day immediately preceding the Distribution Date in a net amount equal to the amount which would have been on deposit with respect to the immediately preceding Collection Period in the Collection Account; provided, however, that prior to ceasing daily deposits as described above the Seller shall have delivered to the Trustee written confirmation from each of the Rating Agencies that the failure by CCC DFS to make daily deposits will shall not result in a reduction or withdrawal of the rating of any outstanding Series or Class.
(c) Subject to Section 4.044.4, but notwithstanding anything else in this Agreement to the contrary, with respect to any Collection Period, whether the Servicer is required to make deposits of Collections pursuant to paragraph (a) or (b) above, (i) the Servicer will shall only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any all Series Account Accounts or, without duplication, distributed on the related Distribution Date to all Investor Certificateholders, to any each Agent or to any each Enhancement Provider pursuant to the terms of any Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will shall be permitted to withdraw the excess from the Collection Account. The Servicer may make any deposits, distributions or payments under this Agreement or a Supplement net of any amounts to be distributed or paid to the Servicer under this Agreement or a Supplement; provided that the Servicer shall account for such deposits, distributions and payments as if such amounts were deposited, distributed or paid separately without such netting. The Servicer shall net the portion of its Monthly Servicing Fee allocated to a particular Series for a Distribution Date only if amounts deposited in the Collection Account for that Distribution Date otherwise would be sufficient to pay the amounts that are payable to that Series on such Distribution Date.
(d) Collections Subject to Section 4.5, collections of Non-Principal Receivables and Principal Receivables, Defaulted Receivables Amounts and Miscellaneous Payments will shall be allocated to each Series from and after the related Series Cut-Off Date on as specified in the basis of such Series' Series Allocable Non-Principal Collectionsrelated Supplement, Series Allocable Principal Collections, Series Allocable Defaulted Amount and Series Allocable Miscellaneous Payments and amounts so allocated to any Series will shall not, except as specified in the related supplementSupplement, be available to the Investor Certificateholders of any other Series. Allocations thereof between the Certificateholders' Interest and the Seller's Interest, among the Series in any group and among the Classes in any Series shall be set forth in the related Supplement or Supplements.
(e) With respect to a receivable in which a Receivable and a Participation Interest are undivided interests, the Servicer shall instruct the Trustee in writing to distribute (and the Trustee shall distribute) the portion of a collection allocable to such Participation Interest from the Collection Account (to the extent it has been deposited into the Collection Account) to the Servicer not later than one month after the deposit of such portion into the Collection Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (CDF Funding, Inc.)
Allocations and Applications of Collections and Other Funds. (a) Except as otherwise provided in subsections (b) and (c) of this Section 4.03(b)4.03, the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing receipt of such Collections, but in no event later than the second Business Day after such Date receipt. Receipt by BCI's Affiliates of ProcessingCollections with respect to Other Account Receivables will not be deemed to be received by BCI as Servicer until actually received by BCI from such Affiliate.
(b) Notwithstanding anything in this Agreement to the contrary, for so long 'SS' 4.03 as (i) CCC BCI remains the Servicer hereunder, (ii) no Service Servicer Default has occurred and is continuing and (iii) (x) CCC BCI is a wholly owned subsidiary of CFC Bombardier Corporation (which shall own at least 80% of the voting common stock of BCI) and CFC BCI has and maintains a short-term rating of at least A-1 by Standard & Poor's and P-1 by Moody's (and for five Business Days following any reduction of either such rating)'s, (y) CCC BCI arranges for and maintains a letter of credit or other form of Enhancement in respect of the Servicer's obligations to make deposits of collections on the Receivables in the Collection Account that is acceptable in form and substance to each Rating Agency and any Agents or (z) CCC BCI otherwise obtains the Rating Agency confirmation confirmations described below, then, subject to any limitations in the confirmations r described below, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in subsection (a) of this Section 4.024.03, but may use for its own benefit all such Collections until the Business Day immediately preceding the related Distribution Date, at which time BCI will make a single deposit into the Collection Account in same same-day or next next-day funds not later than 12:00 noon, noon (New York City time, on the Business Day immediately preceding the Distribution Date ) in a net an amount equal to the net amount of such deposits and withdrawals which would have been on deposit with respect to made had the immediately preceding Collection Period in the Collection Accountconditions of this sentence not applied; provided, however, that prior to ceasing daily deposits as described above the Seller BCI shall have delivered to the Trustee written confirmation from each of the Rating Agencies that the failure by CCC BCI to make daily deposits will not result in a reduction or withdrawal of the rating of any outstanding Series or Class.
(c) Subject to Section 4.044.04 hereof, but notwithstanding anything else in this Agreement to the contrary, with respect to any Collection Period, whether the Servicer is required to make deposits of Collections pursuant to paragraph subsection (a) or (b) above, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any all Series Account Accounts or, without duplication, distributed on the related Distribution Date to Investor Certificateholders, to any Agent all Certificateholders or to any each Enhancement Provider pursuant to the terms of any Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account.
(d) Collections of Non-Principal Receivables and Principal Receivables, Defaulted Receivables and Miscellaneous Payments will be allocated to each Series of Certificateholders from and after the related Series Cut-Off Date on and to the basis Holder of such Series' Series Allocable Non-Principal Collectionsthe Variable Funding Certificate as specified in the related Supplement, Series Allocable Principal Collections, Series Allocable Defaulted Amount and Series Allocable Miscellaneous Payments and amounts so allocated to any Series will not, except as specified in the related supplementSupplement, be available to the Investor Certificateholders of any other Series or to the Variable Funding Certificateholder. Similarly, amounts so allocated to the Variable Funding Certificate will not, except as specified in the related Supplement, be available to the Certificateholders of any Series. Allocations thereof among the Investors' Interest, the Variable Funding Interest and the Retained Interest, between the CertificateholdersInvestors' Interest and the Seller's Variable Funding Interest, among the Series in any group of Certificateholders and among the Classes in any Series shall be set forth in this Agreement and 'SS' 4.03 in the related Supplement or Supplements.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Receivables Master Trust I)
Allocations and Applications of Collections and Other Funds. (a) Except as otherwise provided in Section 4.03(b4.3(b) and (c), the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second Business Day after such Date of Processing.
(b) Notwithstanding anything in this Agreement to the contrary, for so long as (i) CCC World Omni remains the Servicer hereunder, (ii) no Service Servicing Default has occurred and is continuing and (iii) World Omni either (x) CCC is a wholly owned subsidiary of CFC and CFC maintains a short-term debt rating of at least A-1 by Standard & Poor's and P-1 by Moody's (and for five Business Days following any reduction of either such rating), (y) CCC arranges for and maintains a letter of credit or other form of Enhancement in respect of the Servicer's obligations to make deposits of collections on the Receivables in the Collection Account that is acceptable in form and substance to each Rating Agency and any Agents or (z) CCC otherwise obtains the Rating Agency confirmation confirmations described below, then, subject to any limitations in the confirmations r described below, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in Section 4.024.2, but may make a single deposit into the Collection Account in same the same-day or next next-day funds not later than 12:00 noon, New York City time, on the Business Day immediately preceding the Distribution Payment Date in a net amount equal to the amount which would have been on deposit with respect to the immediately preceding Collection Period in the Collection Account; provided, however, that prior to ceasing daily deposits as described above the Seller Servicer shall have delivered to the Indenture Trustee and the Owner Trustee written confirmation from each of the Rating Agencies that the failure by CCC World Omni to make daily deposits will not result in a reduction or withdrawal of the rating of any outstanding Series or Classclass.
(c) Subject to Section 4.044.4, but notwithstanding anything else in this Agreement to the contrary, with respect to any Collection Period, whether the Servicer is required to make deposits of Collections pursuant to paragraph (a) or (b) above, (i) the Servicer will only be required to deposit Collections into the Collection Account as set forth in paragraph (a) above up to the aggregate amount of Collections required to be deposited into any Series Account or, without duplication, distributed on the related Distribution Payment Date (whether or not such funds will be distributed to Investor CertificateholdersNoteholders, retained in the Collection Account or deposited in another account on such Payment Date) to Noteholders, to any Agent or to any Enhancement Provider pursuant to the terms of any Series Supplement or Enhancement Agreement with respect to the related Collection Period and (ii) if at any time prior to such Distribution Payment Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account.
(d) Collections of Non-Principal Receivables and Principal ReceivablesCollections, Defaulted Receivables Amounts and Miscellaneous Payments will be allocated to each Series from and after the related Series Cut-Off Date on the basis of such Series' Series Allocable Non-Principal Collections, Series Allocable Principal Collections, Series Allocable Defaulted Amount and Series Allocable Miscellaneous Payments and amounts so allocated to any Series will not, except as specified in the related supplement, be available to the Investor Certificateholders of any other Series. Allocations thereof between the Certificateholders' Interest and the Seller's Interest, among the Series in any group and among the Classes in any Series shall be set forth in the related Supplement or Supplementsapplicable Series Supplement.
Appears in 1 contract
Allocations and Applications of Collections and Other Funds. (a) Except as otherwise provided in Section 4.03(bSections 4.3(b) and (c), the Servicer shall deposit Collections into the Collection Account as promptly as possible after the Date of Processing of such Collections, but in no event later than the second Business Day after such Date of Processing.
(b) Notwithstanding anything in this Agreement to the contrary, for so long as (i) CCC DFS remains the Servicer hereunder, (ii) no Service Servicer Default has occurred and is continuing and (iii) (x) CCC is a wholly owned subsidiary of CFC and CFC maintains a short-term rating of at least A-1 by Standard & Poor's and P-1 by Moody's (and for five Business Days following any reduction of either such rating), (y) CCC DFS arranges for and maintains a letter of credit or other form of Enhancement in respect of the Servicer's obligations to make deposits of collections on the Receivables in the Collection Account that is acceptable in form and substance to each Rating Agency and any Agents or (zy) CCC DFS otherwise obtains the Rating Agency confirmation confirmations described below, then, subject to any limitations in the confirmations r described below, the Servicer need not make the daily deposits of Collections into the Collection Account as provided in Section 4.024.3(a), but may make a single deposit into the Collection Account in same day or next same-day funds not later than 12:00 noon, New York City time, on the Business Day immediately preceding the Distribution Date in a net amount equal to the amount which would have been on deposit with respect to the immediately preceding Collection Period in the Collection Account; provided, however, that prior to ceasing daily deposits as described above the Seller shall have delivered to the Trustee written confirmation from each of the Rating Agencies that the failure by CCC DFS to make daily deposits will not result in a reduction or withdrawal of the rating of any outstanding Series or Class.
(c) Subject to Section 4.044.4, but notwithstanding anything else in this Agreement to the contrary, with respect to any Collection Period, whether the Servicer is required to make deposits of Collections pursuant to paragraph (a) or (b) above, (i) the Servicer will only be required to deposit Collections into the Collection Account up to the aggregate amount of Collections required to be deposited into any all Series Account Accounts or, without duplication, distributed on the related Distribution Date to all Investor Certificateholders, to any each Agent or to any each Enhancement Provider pursuant to the terms of any Supplement or Enhancement Agreement and (ii) if at any time prior to such Distribution Date the amount of Collections deposited in the Collection Account exceeds the amount required to be deposited pursuant to clause (i) above, the Servicer will be permitted to withdraw the excess from the Collection Account. The Servicer may make any deposits, distributions or payments under this Agreement net of any amounts to be distributed or paid to the Servicer under this Agreement; provided that the Servicer shall account for such deposits, distributions and payments as if such amounts were deposited, distributed or paid separately without such netting.
(d) Collections of Non-Principal Receivables and Principal Receivables, Defaulted Receivables and Miscellaneous Payments will be allocated to each Series from and after the related Series Cut-Off Date on as specified in the basis of such Series' Series Allocable Non-Principal Collectionsrelated Supplement, Series Allocable Principal Collections, Series Allocable Defaulted Amount and Series Allocable Miscellaneous Payments and amounts so allocated to any Series will not, except as specified in the related supplementSupplement, be available to the Investor Certificateholders of any other Series. Allocations 60 thereof between the Certificateholders' Interest and the Seller's Interest, among the Series in any group and among the Classes in any Series shall be set forth in the related Supplement or Supplements.
(e) With respect to a receivable in which a Receivable and a Participation Interest are undivided interests, the Servicer shall instruct the Trustee in writing to distribute the portion of a collection allocable to such Participation Interest from the Collection Account (to the extent it has been deposited into the Collection Account) to the Servicer not later than one month after the deposit of such portion into the Collection Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P)