Daily Disbursements From the Collection Account; Revolving Period. On each Business Day no later than 12:00 p.m. (New York time) during the Revolving Period, and following the transfers made pursuant to Section 6.02, the Administrative Agent shall disburse all amounts then on deposit in the Collection Account and its related subaccounts in the following priority: (a) (x) prior to the occurrence of a Committed Purchaser Funding Event, to the Retention Account or (y) after the occurrence of a Committed Purchaser Funding Event, to the Administrative Agent: (i) an amount equal to any Retention Account Deficiency, first from amounts deposited pursuant to Section 6.02(b) and second from Collections then on deposit in the Collection Account; and (ii) an amount equal to the sum of: (A) Daily Yield; (B) the Yield Shortfall as of the close of business on the immediately preceding Business Day; (C) the Servicing Fee (calculated assuming that the Servicing Fee Rate is the applicable rate); provided, however, that if Synnex, or any Affiliate of Synnex, is the Servicer, then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(b); (D) the Servicing Fee Shortfall as of the close of business on the immediately preceding Business Day; provided, however, that if Synnex, or any Affiliate of Synnex, is the Servicer, then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(b); (E) the Unused Facility Fee for such day; (F) the Unused Facility Fee Shortfall as of the close of business on the immediately preceding Business Day; and (G) any Additional Amounts or Indemnified Amounts as to which any Indemnified Perso has made a demand on the Seller and which remain unpaid; (b) to the Purchasers (i) an amount equal to any Purchase Excess to be applied in reduction of Capital Investment, to the Purchasers ratably based on the amount of their respective Capital Investments; (ii) an amount equal to the deposits made in the Collection Account pursuant to Section 6.02(a)(v) and not otherwise disbursed pursuant to Section 6.03(a), to be disbursed ratably based on the amounts owed to the applicable Purchasers; and (iii) if, pursuant to a Repayment Notice, the Seller has requested a reduction of the Capital Investment of the Purchasers, then to the Purchasers, ratably based on the amount of their respective Capital Investments, the lesser of (A) the amount of such requested reduction of Capital Investment and (B) the balance remaining on deposit in the Collection Account; (c) to the SFC Account as payment of the Cash Purchase Price for Purchases made on such day, the balance of any amounts remaining in the Collection Account after making the foregoing disbursements.
Appears in 2 contracts
Samples: Receivables Purchase and Servicing Agreement (Synnex Information Technologies Inc), Receivables Purchase and Servicing Agreement (Synnex Information Technologies Inc)
Daily Disbursements From the Collection Account; Revolving Period. On each Business Day no later than 12:00 1:00 p.m. (New York time) during the Revolving Period, and following the transfers made or deemed to have been made pursuant to Section 6.02, the Administrative Agent shall disburse all amounts Collections then on deposit in the Collection Account and its related subaccounts in the following priority:
(a) (x) prior to the occurrence of a Committed Purchaser Funding Event, to the Retention Account or (y) after the occurrence of a Committed Purchaser Funding Event, to the Administrative Agent:
(i) an amount equal to any Retention Account Deficiency, first from amounts deposited pursuant to Section 6.02(b) and second from Collections then Agent on deposit in behalf of the Collection Account; and
(ii) Purchasers an amount equal to the sum of:
(Ai) on each day that is a Settlement Date, all accrued and unpaid Daily YieldYield for the related Settlement Period;
(Bii) on each day that is a Settlement Date, the Yield Shortfall as of the close of business on the immediately preceding Business Day;
(C) the Servicing Fee (calculated assuming that the Servicing Fee Rate is the applicable rate); provided, however, that if Synnex, or any Affiliate of Synnex, is the Servicer, then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(b);
(D) the Servicing Fee Shortfall as of the close of business on the immediately preceding Business Day; provided, however, that if Synnex, or any Affiliate of Synnex, is the Servicer, then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(b);
(E) the accrued and unpaid Unused Facility Commitment Fee for such day;
(F) the Unused Facility Fee Shortfall as of the close of business on the immediately preceding Business Dayrelated Settlement Period; and
(Giii) any Additional Amounts or Indemnified Amounts as then due and not paid; in each case, which aggregate amounts distributed to which the Administrative Agent during any Indemnified Perso has made a demand Settlement Period prior to the Facility Termination Date pursuant to this clause (a) shall be paid by the Administrative Agent to the applicable Purchasers and the Administrative Agent on the Seller and which remain unpaidfirst day of each calendar month;
(b) to the PurchasersPurchasers their respective Pro Rata Shares of an amount equal to:
(i) an amount equal to any Purchase Excess to be applied in reduction of Capital Investment, to the Purchasers ratably based on the amount of their respective Capital Investments;
(ii) an amount equal to the all other deposits made in the Collection Account pursuant to Section 6.02(a)(v) and not otherwise disbursed pursuant to Section 6.03(a), ) or (b)(i) to be disbursed ratably based on the amounts owed to the applicable Purchasers; and
(iii) if, pursuant to a Repayment Notice, the Seller has requested a applied in reduction of the Capital Investment of the PurchasersInvestment; provided, then to the Purchasershowever, ratably based on the amount of their respective Capital Investmentsthat so long as no Termination Event or Potential Termination Event has occurred and is continuing, the lesser of (A) the amount of such requested deposits shall not be applied in reduction of Capital Investment and (B) the balance remaining but rather Administrative Agent shall return such deposits to MRFC on deposit in the Collection Accountsuch Business Day;
(c) if MRFC has not paid the Servicing Fee in accordance with Section 7.05, to the SFC Account Master Servicer, an amount equal to the accrued and unpaid Servicing Fee (as payment of advised to the Cash Purchase Price for Purchases made on such dayAdministrative Agent by the Master Servicer); and
(d) to the MRFC Account, the balance of any amounts remaining in the Collection Account after making the foregoing disbursements.
Appears in 2 contracts
Samples: Receivables Transfer Agreement (Metaldyne Corp), Receivables Transfer Agreement (Metaldyne Corp)
Daily Disbursements From the Collection Account; Revolving Period. On each Business Day no later than 12:00 1:00 p.m. (New York time) during the Revolving Period, and following the transfers made pursuant to Section SECTION 6.02, the Administrative Agent shall disburse an amount equal to the product of (1) the Purchaser Interest and (2) the amount of all amounts Collections then on deposit in the Collection Account and its related subaccounts in the following priority:
(a) (x) prior to the occurrence of a Committed Purchaser Funding Event, to the Retention Account or (y) after the occurrence of a Committed Purchaser Funding Event, to the Administrative Agent:
(i) an amount equal to any Retention Account Deficiency, first FIRST from amounts deposited pursuant to Section 6.02(bSECTION 6.02(B) and second SECOND from Collections then on deposit in the Collection Account; and
(ii) an amount equal to the sum of:
(A) Daily Yield;
(B) the Yield Shortfall as of the close of business on the immediately preceding Business Day;
(C) the Investor Portion of the Servicing Fee (calculated assuming that the Servicing Fee Rate is the applicable rate); providedPROVIDED, howeverHOWEVER, that if Synnexthe Parent, or any Affiliate of Synnexthe Parent, is the Servicer, then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(bSECTION 7.05(B);
(D) the Investor Portion of the Servicing Fee Shortfall as of the close of business on the immediately preceding Business Day; providedPROVIDED, howeverHOWEVER, that if Synnexthe Parent, or any Affiliate of Synnexthe Parent, is the Servicer, then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(bSECTION 7.05(B);
(E) the Unused Facility Commitment Fee for such day;
(F) the Unused Facility Commitment Fee Shortfall as of the close of business on the immediately preceding Business Day; and
(G) any Additional Amounts or Indemnified Amounts as to which any Indemnified Perso Person has made a demand on the Seller and which remain unpaidunpaid for five (5) or more Business Days;
(b) to the Purchasers:
(i) an amount equal to any Purchase Excess to be applied in reduction of Capital Investment, to the Purchasers ratably based on the amount of their respective Capital Investments;
(ii) an amount equal to the deposits made in the Collection Account pursuant to Section 6.02(a)(vSECTION 6.02(A)(IV) and not otherwise disbursed pursuant to Section 6.03(aSECTION 6.03(A), to be disbursed ratably based on the amounts owed to the applicable Purchasers; and;
(iii) if, pursuant to a Repayment Notice, the Seller has requested a reduction of the Capital Investment of the Purchasers, then to the Purchasers, ratably based on the amount of their respective Capital Investments, the lesser of (A) the amount of such requested reduction of Capital Investment and (B) the balance remaining on deposit in the Collection Account;
(c) to the SFC Account as payment of the Cash Purchase Price for Purchases made on such daySeller Account, the balance of any amounts remaining in the Collection Account after making the foregoing disbursements.
Appears in 1 contract
Samples: Receivables Purchase and Servicing Agreement (Daisy Parts Inc)
Daily Disbursements From the Collection Account; Revolving Period. The Administrative Agent shall disburse the amounts then on deposit in the Collection Account and its related subaccounts in the following priority:
(a) On each Business Day no later than 12:00 2:00 p.m. (New York time) during the Revolving Period, and following the transfers made pursuant to Section 6.02, to the Retention Account the amount of any Retention Account Deficiency deposited pursuant to Section 6.02(h); and
(b) If the Administrative Agent shall disburse all amounts then has taken dominion and control over the Lockbox Accounts pursuant to Section 6.01(a)(i), on deposit in each Business Day no later than 2:00 p.m. (New York time) during the Collection Account Revolving Period, and its related subaccounts in if the Administrative Agent has not taken such dominion and control, on each Settlement Date no later than 2:00 p.m. (New York time) during the Revolving Period, and following priority:
(a) (x) prior the transfers made pursuant to the occurrence of a Committed Purchaser Funding EventSection 6.02, to the Retention Account or (y) after the occurrence of a Committed Purchaser Funding Event, to the Administrative Agent:
(i) an amount equal to any Retention Account Deficiency, first from amounts deposited pursuant to Section 6.02(b) and second from Collections then on deposit in the Collection Account; and
(ii) an amount equal to the sum of:
(Ai) Daily Yield;
(Bii) the Yield Shortfall as of the close of business on the immediately preceding Business Day;
(Ciii) the Accrued Servicing Fee (calculated assuming that the Servicing Fee Rate is the applicable rate); provided, however, that if Synnex, or any Affiliate of Synnex, is the Servicer, then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(b)Fee;
(Div) the Servicing Fee Shortfall as of the close immediately preceding Business Day;
(v) the Accrued Unused Commitment Fee; and
(vi) the Unused Commitment Fee Shortfall as of business on the immediately preceding Business Day; provided, however, that if Synnex, or any Affiliate of Synnex, is the Servicer, then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(b);
(E) the Unused Facility Fee for such day;
(F) the Unused Facility Fee Shortfall as of the close of business on the immediately preceding Business Day; and
(G) any Additional Amounts or Indemnified Amounts as to which any Indemnified Perso has made a demand on the Seller and which remain unpaid;
(bvii) to the Purchasers an amount equal to the deposits made in the Collection Account pursuant to Section 6.02(a)(iii) and not otherwise disbursed pursuant to Section 6.03(a), to be disbursed based on the amounts owed, ratably to the applicable Purchasers,
(c) On each Business Day no later than 2:00 p.m. (New York time) during the Revolving Period, and following the transfers made pursuant to Section 6.02, to the Purchasers:
(i) an amount equal to any Purchase Excess to be applied in reduction of Capital Investment, to the Purchasers ratably based on the amount of their respective Capital Investments;
(ii) an amount equal to the deposits made in the Collection Account pursuant to Section 6.02(a)(v) and not otherwise disbursed pursuant to Section 6.03(a), to be disbursed ratably based on the amounts owed to the applicable Purchasers; and
(iii) if, pursuant to a Repayment Notice, the Seller has requested a reduction of the Capital Investment of the Purchasers, then to the Purchasers, ratably based on the amount of their respective Capital Investments, the lesser of (A) the amount of such requested reduction of Capital Investment and (B) such balance; and
(d) after the balance remaining payment of each of the amounts listed in Sections 6.03(a), (b) and (c), no later than 2:00 p.m. on each Business Day, the Administrative Agent shall deposit in the Collection Account;
(c) to the SFC Seller Account as payment of the Cash Purchase Price for Purchases made on such day, the balance of any amounts remaining in the Collection Account after making the foregoing disbursements.
Appears in 1 contract
Samples: Receivables Purchase and Servicing Agreement (Bergen Brunswig Corp)
Daily Disbursements From the Collection Account; Revolving Period. On each Business Day no later than 12:00 1:00 p.m. (New York time) during the Revolving Period, and following the transfers made pursuant to Section 6.02, the Administrative Agent shall disburse the amount of all amounts Collections then on deposit in the Collection Account and its related subaccounts in the following priority:
(a) (x) prior to the occurrence of a Committed Purchaser Funding Event, to the Retention Account or and (y) after the occurrence of a Committed Purchaser Funding Event, to the Administrative Agent:
(i) an amount equal to any Retention Account Deficiency, first from amounts deposited pursuant to Section 6.02(b) and second from Collections then on deposit in the Collection Account; and
(ii) an amount equal to the sum of:
(A) Daily Yield;
(B) the Yield Shortfall Shortfall, if any, as of the close of business on the immediately preceding Business Day;
(C) the Servicing Fee (calculated assuming that the Servicing Fee Rate is the applicable rate); provided, however, that if Synnex, the Parent Guarantor or any Affiliate of Synnex, the Parent Guarantor is the Servicer, Master Servicer then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(b); provided, further, that if any Affiliate of the Parent Guarantor is a Servicer other than the Master Servicer, such amount shall be reduced by the Applicable Servicing Fee due such Servicer but the Master Servicer shall pay such Applicable Servicing Fee in accordance with the provisions of Section 7.05(b);
(D) the Servicing Fee Shortfall Shortfall, if any, as of the close of business on the immediately preceding Business Day; provided, however, that if Synnex, the Parent Guarantor or any Affiliate of Synnex, the Parent Guarantor is the a Servicer, then the amount of such amount Servicing Fee Shortfall attributable to such Servicer will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(b);
(E) the Unused Facility Commitment Fee for such day;
(F) the Unused Facility Commitment Fee Shortfall Shortfall, if any, as of the close of business on the immediately preceding Business Day; and
(G) any Additional Amounts or Indemnified Amounts as to which any Indemnified Perso Person has made a demand on the Seller and which remain unpaidremains unpaid for five (5) or more Business Days;
(b) to the Purchasers:
(i) an amount equal to any Purchase Excess to be applied in reduction of Capital Investment, to the Purchasers ratably based on the amount of their respective Capital Investments;
(ii) an amount equal to the deposits made in the Collection Account pursuant to Section 6.02(a)(v6.02(a)(iv) and not otherwise disbursed pursuant to Section 6.03(a), to be disbursed ratably based on the amounts owed to the applicable Purchasers; and;
(iii) if, pursuant to a Repayment Notice, the Seller has requested a reduction of the Capital Investment of the Purchasers, then to the Purchasers, ratably based on the amount of their respective Capital Investments, the lesser of (A) the amount of such requested reduction of Capital Investment and (B) the such balance remaining on deposit in the Collection Account;
(c) to the SFC Account as payment of the Cash Purchase Price for Purchases made on such daySeller Account, the balance of any amounts remaining in the Collection Account after making the foregoing disbursements.
Appears in 1 contract
Samples: Receivables Purchase and Servicing Agreement (K2 Inc)
Daily Disbursements From the Collection Account; Revolving Period. On each Business Day no No later than 12:00 1:00 p.m. (New York time) on each Business Day during the Revolving Period, and following the transfers made pursuant to Section 6.02, the Administrative Agent shall disburse all amounts Collections then on deposit in the Collection Account and its related subaccounts in the following priority:
(a) (x) prior to the occurrence of a Committed Purchaser Funding Event, to the Retention Account or (y) after the occurrence of a Committed Purchaser Funding Event, to the Administrative AgentAccount:
(i) an the amount equal to of any Retention Account Deficiency, first from amounts Deficiency deposited pursuant to Section 6.02(b) and second from Collections then on deposit in the Collection Account); and
(ii) an amount equal to the sum of:
(A) Daily Yield;
(B) the Yield Shortfall as of the close of business on the immediately preceding Business Day;
(C) the Servicing Fee (calculated assuming that the Servicing Fee Rate is the applicable rate); provided, however, that if Synnex, or any Affiliate of Synnex, is the Servicer, then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(b)Fee;
(D) the Servicing Fee Shortfall as of the close of business on the immediately preceding Business Day; provided, however, that if Synnex, or any Affiliate of Synnex, is the Servicer, then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(b);
(E) the Unused Facility Fee for such dayFee;
(F) the Unused Facility Fee Shortfall as of the close of business on the immediately preceding Business Day; and;
(G) any Additional Amounts or and Indemnified Amounts as to which any Indemnified Perso has made a demand on the Seller and which remain unpaid;then due; and
(bH) to the PurchasersLenders:
(i) an amount equal to any Purchase Excess to be applied in reduction of Capital Investment, to the Purchasers ratably based on the amount of their respective Capital Investments;
(iiI) an amount equal to the deposits made in the Collection Account pursuant to Section 6.02(a)(v6.02(a)(iv) and not otherwise disbursed pursuant to Section 6.03(a6.03(a)(i), to be disbursed ratably based on the amounts owed to the applicable PurchasersLenders;
(II) an amount equal to any Funding Excess to be applied in reduction of Outstanding Principal Amount, to the Lenders ratably based on the amount of their respective Outstanding Principal Amounts; and
(iiiIII) if, pursuant to a Repayment Notice, the Seller Borrower has requested a reduction of the Capital Investment Outstanding Principal Amount of the PurchasersLenders, then to the PurchasersLenders, ratably based on the amount of their respective Capital InvestmentsOutstanding Principal Amounts, the lesser of (A) the amount of such requested reduction of Capital Investment Outstanding Principal Amount and (B) the balance remaining on deposit in the Collection Account;such balance; and
(cb) to the SFC Account as payment of the Cash Purchase Price for Purchases made on such dayBorrower Account, the balance of any amounts remaining in the Collection Account after making the foregoing disbursements.
Appears in 1 contract
Daily Disbursements From the Collection Account; Revolving Period. On each Business Day no later than 12:00 1:00 p.m. (New York time) during the Revolving Period, and following the transfers made pursuant to Section 6.02, the Administrative Agent shall disburse all amounts Collections then on deposit in the Collection Account and its related subaccounts in the following priority:
A. M. castle & Co. et al. and Castle SPFD, LLc, Receivables Purchase and Servicing Agreement
(a) (x) prior to the occurrence of a Committed Purchaser Funding Event, to the Retention Account or (y) after the occurrence of a Committed Purchaser Funding Event, to the Administrative AgentAgent on behalf of the Purchaser:
(i) an amount equal to any Retention Account Deficiency, first from amounts deposited pursuant to Section 6.02(b) and second from Collections then on deposit in the Collection Account; and
(ii) an amount equal to the sum of:
(A) if such Business Day is a first Business Day of a Settlement Period, the unpaid Daily YieldYield accrued during the Settlement Period then most recently ended;
(B) if such Business Day is a first Business Day of a Settlement Period, the Yield Shortfall as of unpaid Unused Facility Fee accrued during the close of business on the immediately preceding Business Day;Settlement Period then most recently ended; and
(C) any Additional Amounts or Indemnified Amounts then due and not paid;
(b) if such Business Day is a Settlement Date, to the Master Servicer, the accrued and unpaid Servicing Fee (calculated assuming that the Servicing Fee Rate is the applicable rate); provided, however, that if Synnex, or any Affiliate of Synnex, is the Servicer, then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(b);
(D) the Servicing Fee Shortfall as of the close of business on the immediately preceding Business Day; provided, however, that if Synnex, or any Affiliate of Synnex, is the Servicer, then such amount will not be deposited in the Retention Account on such day but the Seller shall pay the Servicing Fee in accordance with the provisions of Section 7.05(b);
(E) the Unused Facility Fee for such day;
(F) the Unused Facility Fee Shortfall as of the close of business on the immediately preceding Business Day; and
(G) any Additional Amounts or Indemnified Amounts as to which any Indemnified Perso has made a demand on the Seller and which remain unpaid;
(bc) to the PurchasersPurchaser:
(i) an amount equal to any Purchase Excess to be applied in reduction of Capital Investment, to the Purchasers ratably based on the amount of their respective Capital Investments;
(ii) an amount equal to the deposits made in the Collection Account pursuant to Section 6.02(a)(v) and not otherwise disbursed pursuant to Section 6.03(a), to be disbursed ratably based on the amounts owed to the applicable Purchasers; and
(iiiii) if, pursuant to a Repayment Notice, the Seller has requested a reduction of the Capital Investment of the PurchasersInvestment, then to the Purchasers, ratably based on the amount of their respective Capital Investments, Purchaser the lesser of (A) the amount of such requested reduction of Capital Investment and (B) the balance remaining on deposit in the Collection Accountsuch balance;
(cd) to the SFC Account as payment of the Cash Purchase Price for Purchases made on such daySeller Account, the balance of any amounts remaining in the Collection Account after making the foregoing disbursements.
Appears in 1 contract
Samples: Receivables Purchase and Servicing Agreement (Castle a M & Co)