Common use of Collections; Applications Clause in Contracts

Collections; Applications. (a) If (i)(A) the Servicer's short-term unsecured debt has been rated A-1 or higher by Standard & Poor's or (B) a Servicer letter of credit issued by an institution rated A-1 or higher by Standard & Poor's has been obtained by the Servicer and (ii) the Trustee has received confirmation from the Rating Agency that there would not be a reduction in the then-current rating of the Senior Notes or of the Subordinated Notes, the Servicer shall on or before each Deposit Date remit, or cause the Lock-Box Bank to remit, to the Collection Account all payments by the Obligors on the Contracts (including any Purchase Option Payment, any prepayments in full of a Contract and any applicable Payahead Amounts related to such Collection Period), other than Servicing Fees (to the extent that sufficient funds are allocated and available therefor as provided in Section 3.07) and Administrative Fees (which may be retained by the Servicer), and all Recoveries and Insurance Proceeds, as collected during the Collection Period. (b) Unless the conditions in Section 3.02(a) have been satisfied, or if at any time a Servicer Event of Default has occurred and is continuing and no successor Servicer has been appointed, the Servicer shall remit or cause the Lock-Box Bank to remit the amounts referred to in Section 3.02(a) into the Collection Account (including any such amounts then held by the Servicer) as soon as practicable, but in no event later than the close of business on the second Business Day after receipt thereof. As of the date hereof, the provisions of this paragraph (b) are applicable and the Servicer will notify the Company, and the Company will thereupon promptly notify the Trustee, if paragraph (a) of this Section becomes applicable at any time after the date hereof. (c) Notwithstanding the provisions of subsections (a) and (b) hereof the Servicer may retain, or will be entitled to be reimbursed from, amounts otherwise payable into, or on deposit in, the Collection Account with respect to a Collection Period, amounts previously deposited in the Collection Account but later determined to have resulted from mistaken deposits or payments due before the applicable Cut-Off Date or postings or checks returned for insufficient funds (provided that the Servicer accounts for such amounts in the Monthly Servicer Report for the related Collection Period). The amount to be retained or reimbursed hereunder shall not be included in funds available for distribution with respect to the related Monthly Payment Date. The Trustee may fully rely upon notice as to such matters from the Company or the Servicer. (d) In those cases where a subservicer is servicing a Contract pursuant to a subservicing agreement and where required by the Rating Agency to maintain the ratings on the Notes, the Servicer shall cause the subservicer to remit to the Collection Account as soon as practicable, but in no event later than the close of business on the second Business Day after receipt thereof by the subservicer (but subject to the provisions of Section 3.02(c) of this Agreement), the amounts referred to in Section 3.02(a) in respect of a Contract being serviced by the subservicer. (e) Pending their deposit into the Collection Account, all collections, Insurance Proceeds, Recoveries and Liquidation Proceeds shall be segregated by book-entry or similar form of identification on the Servicer's books and records and identified as the property of the Company subject to the lien of the Trustee. (f) If at any time the Company shall receive any payment on or in respect of any Contract, Equipment (including any Residual Amount) or other Trust Property, it shall hold such payment in trust for the benefit of the Trustee and the Noteholders, shall segregate such payment from the other property of the Company, and shall, within two Business Days of receipt, deliver such payment in the form received (with any necessary endorsement) by it to the Trustee, (g) All Hedge Proceeds received by the Issuer and/or the Trustee shall be deposited into the Collection Account.

Appears in 1 contract

Samples: Indenture (Fidelity Leasing Inc)

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Collections; Applications. (a) If Deposits to the Collection Account and the Paid-Ahead Account. Subject to Sections 5.2(b) and (i)(Ac) hereof, the Servicer shall deposit in the Collection Account, no later than two Business Days after the Closing Date, any amounts representing payments received on the Receivables on or after the Cutoff Date through and including the Closing Date (other than Paid-Ahead Amounts). Subject to Sections 5.2(b) and (c) hereof, the Servicer shall deposit in the Collection Account as promptly as practicable (not later than the second Business Day) following the receipt thereof by the Servicer, all amounts received in respect of the Receivables, including all loan payments from Obligors, Net Liquidation Proceeds and insurance proceeds (other than Paid-Ahead Amounts). Subject to Sections 5.2(b) and (c), the Servicer shall deposit in the Paid-Ahead Account as promptly as practicable (not later than the second Business Day) following the receipt thereof by the Servicer, all Paid-Ahead Amounts received in respect of the Receivables. Subject to Section 5.2(b), the Servicer shall deposit $561,500.57, the aggregate amount of Deferred Paid-Ahead Amounts with respect to the Receivables as of the Cutoff Date, in to the Paid-Ahead Account. (b) Monthly Deposits to Collection Account; Deposits to Paid-Ahead Account other than Daily. Notwithstanding anything in this Agreement to the contrary, for so long as, and only so long as, (i) the Servicer's Servicer or the direct or indirect parent of the Servicer shall have and maintain a short-term unsecured debt has been rated A-1 or higher rating of at least "A-1" by Standard & Poor's 's, "D- 1" by Duff & Xxxxxx (if rated by Duff & Xxxxxx) and either a short-term debt rating of P-1 or (B) a Servicer letter long-term debt rating of credit issued at least A2 by an institution rated A-1 or higher by Standard & Poor's has been obtained by the Servicer and Moody's, or (ii) the Trustee has received confirmation Servicer obtains a letter of credit, surety bond or insurance policy (the "Servicer Letter of Credit") under which demands for payment may be made to secure timely remittance of monthly collections to the Collection Account and the Paid-Ahead Account and the Trustees are provided with a letter from the each Rating Agency to the effect that there would the utilization of such alternative remittance schedule and any amendment required to be made to this Agreement in connection therewith will not be result in a qualification, reduction in the or withdrawal of its then-current rating of the Senior Notes or of the Subordinated NotesCertificates, the Servicer shall on or before each Deposit Date remit, or cause may make the Lock-Box Bank to remit, deposits to the Collection Account all payments by the Obligors on the Contracts (including any Purchase Option Payment, any prepayments in full of a Contract and any applicable Payahead Amounts related to such Collection Period), other than Servicing Fees (to the extent that sufficient funds are allocated and available therefor as provided specified in Section 3.075.2(a) and Administrative Fees (hereof on a monthly basis, but not later than the Deposit Date following the last day of the Collection Period within which may be retained such payments were processed by the Servicer), in an amount equal to the net amount of such deposits and all Recoveries and Insurance Proceeds, as collected during the Collection Period. (b) Unless the conditions in Section 3.02(a) payments which would have been satisfied, or if at any time a Servicer Event of Default has occurred and is continuing and no successor Servicer has been appointed, the Servicer shall remit or cause the Lock-Box Bank made to remit the amounts referred to in Section 3.02(a) into the Collection Account (including any during such amounts then held by the Servicer) as soon as practicable, Collection Period but in no event later than the close of business on the second Business Day after receipt thereof. As of the date hereof, for the provisions of this paragraph (b) are applicable Section 5.2(b), and the Servicer will notify the Company, and the Company will thereupon promptly notify the Trustee, if paragraph (a) of this Section becomes applicable at may retain Paid-Ahead Amounts until any time after the date hereof. (c) Notwithstanding the provisions of subsections (a) and (b) hereof the Servicer may retain, or will Applied Paid-Ahead Amounts would otherwise be entitled required to be reimbursed from, amounts otherwise payable into, or on deposit in, withdrawn from the Collection Paid-Ahead Account with respect to a Collection Period, amounts previously and deposited in the Collection Account but later determined to have resulted from mistaken deposits or payments due before Account. In the applicable Cut-Off Date or postings or checks returned for insufficient funds (provided event that the Servicer accounts for such amounts in the Monthly Servicer Report for the related Collection Period). The amount is permitted to be retained or reimbursed hereunder shall not be included in funds available for distribution with respect to the related Monthly Payment Date. The Trustee may fully rely upon notice as to such matters from the Company or the Servicer. (d) In those cases where a subservicer is servicing a Contract pursuant to a subservicing agreement and where required by the Rating Agency to maintain the ratings on the Notes, the Servicer shall cause the subservicer to remit make remittances of Collections to the Collection Account as soon as practicableand the Paid-Ahead Account pursuant to Section 5.2(b)(ii) hereof, but in no event later than the close of business on the second Business Day after receipt thereof by the subservicer (but subject this Agreement may be modified, to the provisions of Section 3.02(c) of this Agreement)extent necessary, without the amounts referred to in Section 3.02(a) in respect of a Contract being serviced by the subservicer. (e) Pending their deposit into the Collection Account, all collections, Insurance Proceeds, Recoveries and Liquidation Proceeds shall be segregated by book-entry or similar form of identification on the Servicer's books and records and identified as the property of the Company subject to the lien of the Trustee. (f) If at any time the Company shall receive any payment on or in respect consent of any Contract, Equipment Holder. The Servicer shall notify the Trustees and the Sellers if the Servicer no longer complies with the requirements set forth in clause (including any Residual Amounti) or other Trust Property, it shall hold such payment in trust for the benefit of the Trustee and the Noteholders, shall segregate such payment from the other property of the Company, and shall, within two Business Days of receipt, deliver such payment in the form received (with any necessary endorsementii) by it to the Trustee, (g) All Hedge Proceeds received by the Issuer and/or the Trustee shall be deposited into the Collection Accountabove.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Chase Manhattan Bank Usa)

Collections; Applications. (a) If (i)(A) the Servicer's short-term unsecured debt has been rated A-1 or higher by Standard & Poor's Poor Is or (B) a Servicer letter of credit issued by an institution rated A-1 or higher by Standard & Poor's has been obtained by the Servicer and (ii) the Trustee has received confirmation from the Rating Agency that there would not be a reduction in the then-current rating of the Senior Class A Notes or of the Subordinated Class B Notes, the Servicer shall on or before each Deposit Date remit, or cause the Lock-Box Bank to remit, to the Collection Account all payments by the Obligors Lessees on the Contracts Leases (including any Purchase Option Payment, any prepayments in full of a Contract Lease and any applicable Payahead Amounts related to such Collection Period), other than Servicing Fees (to the extent that sufficient funds are allocated and available therefor as provided in Section 3.07) and Administrative Fees (which may be retained by the Servicer), and all Recoveries and Insurance Proceeds and Rate Cap Proceeds, as collected during the Collection Period. (b) Unless the conditions in Section 3.02(a) have been satisfied, or if at any time a Servicer Event of Default has occurred and is continuing and no successor Servicer has been appointed, the Servicer shall remit or cause the Lock-Box Bank to remit the amounts referred to in Section 3.02(a3.02 (a) into the Collection Account (including any such amounts then held by the Servicer) as soon as practicable, but in no event later than the close of business on the second Business Day after receipt thereof. As of the date hereof, the provisions of this paragraph (b) are applicable and the Servicer will notify the Company, and the Company will thereupon promptly notify the Trustee, if paragraph (a) of this Section becomes applicable at any time after the date hereof. (c) Notwithstanding the provisions of subsections (a) and (b) hereof hereof, the Servicer may retain, or will be entitled to be reimbursed from, amounts otherwise payable into, or on deposit in, the Collection Account with respect to a Collection Period, amounts previously deposited in the Collection Account but later determined to have resulted from mistaken deposits or payments due before the applicable Cut-Off Date or postings or checks returned for insufficient funds (provided that the Servicer accounts for such amounts in the Monthly Servicer Report for the related Collection Period). The amount to be retained or reimbursed hereunder shall not be included in funds available for distribution with respect to the related Monthly Payment Date. The Trustee may fully rely upon notice as to such matters from the Company or the Servicer. (d) In those cases where a subservicer is servicing a Contract Lease pursuant to a subservicing agreement and where required by the Rating Agency to maintain the ratings on the Notes, the Servicer shall cause the subservicer to remit to the Collection Account as soon as practicable, but in no event later than the close of business on the second Business Day after receipt thereof by the subservicer (but subject to the provisions of Section 3.02(c3.02 (c) of this Agreement), the amounts referred to in Section 3.02(a3.02 (a) in respect of a Contract Lease being serviced by the subservicer. (e) Pending their deposit into the Collection Account, all collections, Insurance Proceeds, Recoveries and Liquidation Proceeds shall be segregated by book-entry or similar form of identification on the Servicer's books and records and identified as the property of the Company subject to the lien of the Trustee. (f) If at any time the Company shall receive any payment on or in respect of any ContractLease, Equipment (including any Residual Amount) or other Trust Property, it shall hold such payment in trust for the benefit of the Trustee and the Noteholders, shall segregate such payment from the other property of the Company, and shall, within two Business Days of receipt, deliver such payment in the form received (with any necessary endorsement) by it to the Trustee, (g) All Hedge Proceeds received by the Issuer and/or the Trustee shall be deposited into the Collection Account.

Appears in 1 contract

Samples: Indenture (Fidelity Leasing Inc)

Collections; Applications. (a) If Deposits to the Collection Account and the Paid-Ahead Account. Subject to Sections 5.2(b) and (i)(Ac) hereof, the Servicer shall deposit in the Collection Account, no later than two Business Days after the Closing Date, any amounts representing payments received on the Receivables on or after the Cutoff Date through and including the Closing Date. Subject to Sections 5.2(b) and (c) hereof, the Servicer shall deposit in the Collection Account as promptly as practicable (not later than the second Business Day) following the receipt thereof by the Servicer, all amounts received in respect of the Receivables, including all loan payments from Obligors, Net Liquidation Proceeds and insurance proceeds (other than Paid-Ahead Amounts). Subject to Sections 5.2(b) and (c), the Servicer shall deposit in the Paid-Ahead Account as promptly as practicable (not later than the second Business Day) following the receipt thereof by the Servicer, all Paid-Ahead Amounts received in respect of the Receivables. Subject to Section 5.2(b), the Servicer shall deposit $594,187.70, the aggregate amount of Deferred Paid-Ahead Amounts with respect to the Receivables as of the Cutoff Date, into the Paid-Ahead Account not later than two Business Days after the Closing Date. (b) Monthly Deposits to Collection Account and to Paid-Ahead Account. Notwithstanding anything in this Agreement to the contrary, for so long as, and only so long as, (i) the Servicer's Servicer or the direct or indirect parent of the Servicer shall have and maintain a short-term unsecured debt has been rated A-1 or higher rating of at least "A-1" by Standard & Poor's 's, "D- 1" by Duff & Xxxxxx (if rated by Duff & Xxxxxx) and either a short-term debt rating of P-1 or (B) a Servicer letter long-term debt rating of credit issued at least A2 by an institution rated A-1 or higher by Standard & Poor's has been obtained by the Servicer and Moody's, or (ii) the Trustee has received confirmation Servicer obtains a letter of credit, surety bond or insurance policy (the "Servicer Letter of Credit") under which demands for payment may be made to secure timely remittance of monthly collections to the Collection Account and the Paid-Ahead Account and the Trustees are provided with a letter from the each Rating Agency to the effect that there would the utilization of such alternative remittance schedule and any amendment required to be made to this Agreement in connection therewith will not be result in a qualification, reduction in the or withdrawal of its then-current rating of the Senior Notes or of the Subordinated Notes, the Servicer shall on or before each Deposit Date remit, or cause may make the Lock-Box Bank to remit, deposits to the Collection Account all payments by and the Obligors on the Contracts (including any Purchase Option Payment, any prepayments in full of a Contract and any applicable Payahead Amounts related to such Collection Period), other than Servicing Fees (to the extent that sufficient funds are allocated and available therefor as provided Paid-Ahead Account specified in Section 3.075.2(a) and Administrative Fees (hereof on a monthly basis, but not later than the Deposit Date following the last day of the Collection Period within which may be retained such payments were processed by the Servicer), in amounts equal to the net amounts of such deposits and all Recoveries and Insurance Proceeds, as collected during the Collection Period. (b) Unless the conditions in Section 3.02(a) payments which would have been satisfied, or if at any time a Servicer Event of Default has occurred and is continuing and no successor Servicer has been appointed, the Servicer shall remit or cause the Lock-Box Bank made to remit the amounts referred to in Section 3.02(a) into the Collection Account (including any and the Paid-Ahead Account during such amounts then held by the Servicer) as soon as practicable, Collection Period but in no event later than the close of business on the second Business Day after receipt thereof. As of the date hereof, for the provisions of this paragraph (b) are applicable and Section 5.2(b). In the Servicer will notify the Company, and the Company will thereupon promptly notify the Trustee, if paragraph (a) of this Section becomes applicable at any time after the date hereof. (c) Notwithstanding the provisions of subsections (a) and (b) hereof the Servicer may retain, or will be entitled to be reimbursed from, amounts otherwise payable into, or on deposit in, the Collection Account with respect to a Collection Period, amounts previously deposited in the Collection Account but later determined to have resulted from mistaken deposits or payments due before the applicable Cut-Off Date or postings or checks returned for insufficient funds (provided event that the Servicer accounts for such amounts in the Monthly Servicer Report for the related Collection Period). The amount is permitted to be retained or reimbursed hereunder shall not be included in funds available for distribution with respect to the related Monthly Payment Date. The Trustee may fully rely upon notice as to such matters from the Company or the Servicer. (d) In those cases where a subservicer is servicing a Contract pursuant to a subservicing agreement and where required by the Rating Agency to maintain the ratings on the Notes, the Servicer shall cause the subservicer to remit make remittances of Collections to the Collection Account as soon as practicableand the Paid-Ahead Account pursuant to Section 5.2(b)(ii) hereof, but in no event later than the close of business on the second Business Day after receipt thereof by the subservicer (but subject this Agreement may be modified, to the provisions of Section 3.02(c) of this Agreement)extent necessary, without the amounts referred to in Section 3.02(a) in respect of a Contract being serviced by the subservicer. (e) Pending their deposit into the Collection Account, all collections, Insurance Proceeds, Recoveries and Liquidation Proceeds shall be segregated by book-entry or similar form of identification on the Servicer's books and records and identified as the property of the Company subject to the lien of the Trustee. (f) If at any time the Company shall receive any payment on or in respect consent of any Contract, Equipment Holder. The Servicer shall notify the Trustees and the Sellers if the Servicer no longer complies with the requirements set forth in clause (including any Residual Amounti) or other Trust Property, it shall hold such payment in trust for the benefit of the Trustee and the Noteholders, shall segregate such payment from the other property of the Company, and shall, within two Business Days of receipt, deliver such payment in the form received (with any necessary endorsementii) by it to the Trustee, (g) All Hedge Proceeds received by the Issuer and/or the Trustee shall be deposited into the Collection Accountabove.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Chase Manhattan Bank Usa)

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Collections; Applications. (a) If (i)(A) the Servicer's short-term unsecured debt has been rated A-1 or higher by Standard & Poor's or (B) a Servicer letter of credit issued by an institution rated A-1 or higher by Standard & Poor's has been obtained by the Servicer and (ii) the Trustee has received confirmation from the Rating Agency that there would not be a reduction in the then-current rating of the Senior Notes or of the Subordinated Notes, the The Servicer shall on or before each Deposit Date remit, or cause the Lock-Box Bank to remit, to the Collection Account all payments by the Obligors on the Contracts (including any Purchase Option Payment, any prepayments in full of a Contract and any applicable Payahead Amounts related to such Collection Period), ) other than Servicing Fees (to the extent that sufficient funds are allocated and available therefor for that purpose as provided in Section 3.075.04) and Administrative Fees (which may be retained by the Servicer), and all Recoveries Liquidation Proceeds and Insurance Proceeds and Hedge Proceeds, as collected during the Collection Period. (b) Unless the conditions in Section 3.02(a) have been satisfied, or if at any time a Servicer Event of Default has occurred and is continuing and no successor Servicer has been appointed, the Servicer shall remit or cause the Lock-Box Bank to remit the amounts referred to in Section 3.02(a) into the Collection Account (including any such amounts then held by the Servicer) as soon as practicable, but in no event later than the close of business on the second Business Day after receipt thereof. As thereof (except as may be otherwise permitted in limited circumstances pursuant to Section 3.02(a) of the date hereof, the provisions of this paragraph (b) are applicable and the Servicer will notify the Company, and the Company will thereupon promptly notify the Trustee, if paragraph (a) of this Section becomes applicable at any time after the date hereofIndenture). (cb) Notwithstanding the provisions of subsections subsection (a) and (b) hereof hereof, the Servicer may retain, or will be entitled to be reimbursed from, amounts otherwise payable into, or on deposit in, the Collection Account with respect to a Collection Period, amounts previously deposited in the Collection Account but later determined to have resulted from mistaken deposits or payments due before the applicable Cut-Off Date or postings or checks returned for insufficient funds (provided that the Servicer accounts for such amounts in the Monthly Servicer Report for the related Collection Period). The amount to be retained or reimbursed hereunder shall not be included in funds available for distribution with respect to the related Monthly Payment Date. The Trustee may fully rely upon notice as to such matters from the Company or the Servicer. (dc) In those cases where a subservicer is servicing a Contract pursuant to a subservicing agreement and where required by the Rating Agency to maintain the ratings rating on the Notes, the Servicer shall cause the subservicer to remit to the Collection Account as soon as practicable, but in no event later than the close of business on the second Business Day after receipt thereof by the subservicer (but subject to the provisions of Section 3.02(c) of this Agreementparagraph (b)), the amounts referred to in Section 3.02(a5.02(a) in respect of a Contract being serviced by the subservicer. (ed) Pending their deposit into the Collection Account, all collections, Insurance Proceeds, Recoveries insurance Proceeds and Liquidation Proceeds shall be segregated by book-entry or similar form of identification on the Servicer's books and records and identified as the property of the Company subject to the lien of the Trustee. (f) If at any time the Company shall receive any payment on or in respect of any Contract, Equipment (including any Residual Amount) or other Trust Property, it shall hold such payment in trust for the benefit of the Trustee and the Noteholders, shall segregate such payment from the other property of the Company, and shall, within two Business Days of receipt, deliver such payment in the form received (with any necessary endorsement) by it to the Trustee, (g) All Hedge Proceeds received by the Issuer and/or the Trustee shall be deposited into the Collection Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Fidelity Leasing Inc)

Collections; Applications. (a) If (i)(A) the Servicer's short-term unsecured debt has been rated A-1 or higher by Standard & Poor's or (B) a Servicer letter of credit issued by an institution rated A-1 or higher by Standard & Poor's has been obtained by the Servicer and (ii) the Trustee has received confirmation from the Rating Agency that there would not be a reduction in the then-current rating of the Senior Notes or of the Subordinated Notes, the The Servicer shall on or before each Deposit Date remit, or cause the Lock-Box Bank to remit, to the Collection Account all payments by the Obligors Lessees on the Contracts Leases (including any Purchase Option Payment, any prepayments in full of a Contract Lease and any applicable Payahead Amounts related to such Collection Period), ) other than Servicing Fees (to the extent that sufficient funds are allocated and available therefor for that purpose as provided in Section 3.075.04) and Administrative Fees (which may be retained by the Servicer), and all Recoveries Liquidation Proceeds and Insurance Proceeds and Rate Cap Proceeds, as collected during the Collection Period. (b) Unless the conditions in Section 3.02(a) have been satisfied, or if at any time a Servicer Event of Default has occurred and is continuing and no successor Servicer has been appointed, the Servicer shall remit or cause the Lock-Box Bank to remit the amounts referred to in Section 3.02(a) into the Collection Account (including any such amounts then held by the Servicer) as soon as practicable, but in no event later than the close of business on the second Business Day after receipt thereof. As of the date hereof, the provisions of this paragraph thereof (b) are applicable and the Servicer will notify the Company, and the Company will thereupon promptly notify the Trustee, if paragraph except as may be otherwise permitted in limited circumstances pursuant to Section 3.02 (a) of this Section becomes applicable at any time after the date hereofIndenture). (cb) Notwithstanding the provisions of subsections subsection (a) and (b) hereof hereof, the Servicer may retain, or will be entitled to be reimbursed from, amounts otherwise payable into, or on deposit in, the Collection Account with respect to a Collection Period, amounts previously deposited in the Collection Account but later determined to have resulted from mistaken deposits or payments due before the applicable Cut-Off Date or postings or checks returned for insufficient funds (provided that the Servicer accounts for such amounts in the Monthly Servicer Report for the related Collection Period). The amount to be retained or reimbursed hereunder shall not be included in funds available for distribution with respect to the related Monthly Payment Date. The Trustee may fully rely upon notice as to such matters from the Company or the Servicer. (dc) In those cases where a subservicer is servicing a Contract Lease pursuant to a subservicing agreement and where required by the Rating Agency to maintain the ratings rating on the Notes, the Servicer shall cause the subservicer to remit to the Collection Account as soon as practicable, but in no event later than the close of business on the second Business Day after receipt thereof by the subservicer (but subject to the provisions of Section 3.02(c) of this Agreementparagraph (b)), the amounts referred to in Section 3.02(a5.02 (a) in respect of a Contract Lease being serviced by the subservicer. (ed) Pending their deposit into the Collection Account, all collections, Insurance Proceeds, Recoveries Proceeds and Liquidation Proceeds shall be segregated by book-entry or similar form of identification on the Servicer's books and records and identified as the property of the Company subject to the lien of the Trustee. (f) If at any time the Company shall receive any payment on or in respect of any Contract, Equipment (including any Residual Amount) or other Trust Property, it shall hold such payment in trust for the benefit of the Trustee and the Noteholders, shall segregate such payment from the other property of the Company, and shall, within two Business Days of receipt, deliver such payment in the form received (with any necessary endorsement) by it to the Trustee, (g) All Hedge Proceeds received by the Issuer and/or the Trustee shall be deposited into the Collection Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Fidelity Leasing Inc)

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