Daily Report. Not later than 5:00 p.m. New York, New York time on each Business Day, the Indenture Trustee shall furnish to the Trust and the Note Purchaser, by facsimile and e-mail, a report (the "Daily Report") containing the following information: 1) the accrued and unpaid interest on such Secured Note at the close of business on the day prior to such Business Day; 2) LIBOR for such day, and for each day since the day reflected in the most recent prior Daily Report; 3) the Margin being used by the Indenture Trustee to calculate accrued interest on such day; 4) the Note Principal Balance of each Secured Note as of the day prior to such Business Day; 5) any principal reduction in the Note Principal Balance of each Secured Note after the close of business on the date two Business Days before such day and prior to the close of business on the Business Day immediately preceding such day; 6) the amount of any payment of interest with respect to each Secured Note on such day; 7) the total amount on deposit in each Account as of the close of business on the Business Day immediately preceding such day, which amount, in the case of the Collection Account, shall be stated separately, based solely on information supplied by the Servicer to the Indenture Trustee, as (x) "general collections" and "prepayments in full" or (y) on the Business Day following any Determination Date, as "interest collections," "general principal collections," "prepayments in full" and "other collections" (and, if no such information is supplied with respect to any Determination Date, such amounts shall be deemed to be principal collections); 8) any deposits to, or withdrawals from, each Account prior to the close of business on the Business Day immediately preceding such day; 9) based on information supplied to the Indenture Trustee by the Servicer (or, if such information is supplied by the Servicer to the Collateral Agent, then by the Collateral Agent), with respect to each Secured Note, the aggregate balance of all Mortgage Loans, as of the relevant Transfer Date of each Mortgage Loan, as reported on the Mortgage Loan Schedule attached to the Trust Receipt and relating to such Secured Note outstanding as the close of business on the Business Day immediately preceding such day, together with the balance of all Mortgage Loans, as of the relevant Transfer Date of each Mortgage Loan, added to, or deleted from, such Mortgage Loan Schedule and relating to such Secured Note as of the Transfer Date.
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Samples: Sale and Servicing Agreement (American Business Financial Services Inc /De/), Sale and Servicing Agreement (American Business Financial Services Inc /De/)
Daily Report. Not later than 5:00 p.m. New York, New York City time on each Business Day, the Indenture Trustee shall furnish to the Trust and the Note Purchaser, by facsimile and e-mail, a report (the "Daily Report") containing the following information:
1) the accrued and unpaid interest on such Secured Note at the close of business on the day prior to such Business Day;
2) LIBOR for such day, and for each day since the day reflected in the most recent prior Daily Report;
3) the Margin being used by the Indenture Trustee to calculate accrued interest on such day;
4) the Note Principal Balance of each Secured Note as of the day prior to such Business Day;
5) any principal reduction in the Note Principal Balance of each Secured Note after the close of business on the date two Business Days before such day and prior to the close of business on the Business Day immediately preceding such day;
6) the amount of any payment of interest with respect to each Secured Note on such day;
7) the total amount on deposit in each Account as of the close of business on the Business Day immediately preceding such day, which amount, in the case of the Collection Account, shall be stated separately, based solely on information supplied by the Servicer to the Indenture Trustee, as (x) "general collections" and "prepayments in full" or (y) on the Business Day following any Determination Date, as "interest collections," ", "general principal collections," ", "prepayments in full" and "other collections" (and, if no such information is supplied with respect to any Determination Date, such amounts shall be deemed to be principal collections);
8) any deposits to, or withdrawals from, each Account prior to the close of business on the Business Day immediately preceding such day;
9) based on information supplied to the Indenture Trustee by the Servicer (or, if such information is supplied by the Servicer to the Collateral Agent, then by the Collateral Agent), ): with respect to each Secured Note, the aggregate balance of all Mortgage Loans, as of the relevant Transfer Date of each Mortgage Loan, as reported on the Mortgage Loan Schedule attached to the Trust Receipt and relating to such Secured Note outstanding as the close of business on the Business Day immediately preceding such day, together with the balance of all Mortgage Loans, as of the relevant Transfer Date of each Mortgage Loan, added to, or deleted from, such Mortgage Loan Schedule and relating to such Secured Note as of the Transfer DateDate .
Appears in 1 contract
Samples: Sale and Servicing Agreement (American Business Financial Services Inc /De/)
Daily Report. Not later than 5:00 p.m. New York, New York time on each Business Day, the Indenture Trustee shall furnish to the Trust and the Note Purchaser, by facsimile and e-mail, a report (the "Daily Report") containing the following information:
1) the accrued and unpaid interest on such Secured Note at the close of business on the day prior to such Business Day;
2) LIBOR for such day, and for each day since the day reflected in the most recent prior Daily Report;
3) the Margin being used by the Indenture Trustee to calculate accrued interest on such day;
4) the Note Principal Balance of each Secured Note as of the day prior to such Business Day;
5) any principal reduction in the Note Principal Balance of each Secured Note after the close of business on the date two Business Days before such day and prior to the close of business on the Business Day immediately preceding such day;
6) the amount of any payment of interest with respect to each Secured Note on such day;
7) the total amount on deposit in each Account as of the close of business on the Business Day immediately preceding such day, which amount, in the case of the Collection Account, shall be stated separately, based solely on information supplied by the Servicer to the Indenture Trustee, as (x) "general collections" and "prepayments in full" or (y) on the Business Day following any Determination Date, as "interest collections," ", "general principal collections," ", "prepayments in full" and "other collections" (and, if no such information is supplied with respect to any Determination Date, such amounts shall be deemed to be principal collections);
8) any deposits to, or withdrawals from, each Account prior to the close of business on the Business Day immediately preceding such day;
9) based on information supplied to the Indenture Trustee by the Servicer (or, if such information is supplied by the Servicer to the Collateral Agent, then by the Collateral Agent), ): with respect to each Secured Note, the aggregate balance of all Mortgage Loans, as of the relevant Transfer Date of each Mortgage Loan, as reported on the Mortgage Loan Schedule attached to the Trust Receipt and relating to such Secured Note outstanding as the close of business on the Business Day immediately preceding such day, together with the balance of all Mortgage Loans, as of the relevant Transfer Date of each Mortgage Loan, added to, or deleted from, such Mortgage Loan Schedule and relating to such Secured Note as of the Transfer DateDate .
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Samples: Sale and Servicing Agreement (American Business Financial Services Inc /De/)
Daily Report. Not later than 5:00 p.m. New York, New York time on (a) On each Business Day, Transmedia shall prepare a Daily Report in substantially the Indenture Trustee form attached hereto as Exhibit B. The Daily Report shall furnish to report for the Trust and Applicable Day, among other things, the Note Purchaser, by facsimile and e-mail, a report (dollar amount of Assets created since the "preceding Daily Report") containing , the following information:
1) the accrued and unpaid interest on such Secured Note at the close dollar amount of business Collections received on the day prior to such Business Applicable Day;
2) LIBOR for such day, and for each day since the day reflected in the most recent prior Daily Report;
3) the Margin being used by the Indenture Trustee to calculate accrued interest on such day;
4) the Note Principal Balance of each Secured Note as of the day prior to such Business Day;
5) any principal reduction in the Note Principal Balance of each Secured Note after the close of business on the date two Business Days before such day and prior to the close of business on the Business Day immediately preceding such day;
6) Borrowing Base, the amount of Available Cash, and a current list of Purchased Contracts.
(b) Transmedia shall deliver to the Purchaser the Daily Report, which shall be deemed to have been certified by the President, any payment Vice President or any Financial Officer of interest each of Transmedia and the Initial Sellers, by 12:00 Noon, New York time, on each Business Day with respect to each Secured Note on activity in the Purchased Assets for the Applicable Day covered by such day;
7) the total amount on deposit in each Account as of the close of business on the Business Day immediately preceding such day, which amountDaily Report (or, in the case of a Daily Report delivered on a day following a Saturday, Sunday or other non-Business Day, the Collection Accountaggregate activity for the preceding Business Day and such non-Business Days); PROVIDED, shall be stated separatelyHOWEVER, based solely on information supplied by the Servicer to the Indenture Trustee, as (x) that if a "general collections" and "prepayments in fullsystem failure" or (y) on other similar technical failure shall occur in the Business operations of Transmedia that produce data included in the Daily Report, Transmedia shall use its best efforts to recreate Daily Reports for each Applicable Day following any Determination Date, as missed due to a "interest collections,system failure" "general principal collections," "prepayments in full" and "other collections" (and, if no such information is supplied with respect to any Determination Date, such amounts shall be deemed to be principal collections);
8) any deposits to, or withdrawals from, each Account prior to the close of business on the Business Day immediately preceding such day;
9) based on information supplied to the Indenture Trustee by the Servicer (or, if Transmedia is unable to recreate such information is supplied Daily Reports, Transmedia shall prepare a composite Daily Report for each such missed Applicable Day and, in either case, such Daily Reports shall be telecopied to the Purchaser within two Business Days of the date such Daily Report(s) were otherwise required to be prepared and telecopied.
(c) The Purchaser and Transmedia agree that Transmedia shall prepare each Daily Report as promptly as possible each Business Day on the basis of the "pre-audit" sales and collections figures transmitted the previous day to Transmedia's central computer processing center.
(d) Upon discovery of any error by the Servicer to the Collateral Agent, then by the Collateral Agent), with respect to each Secured NotePurchaser in any Daily Report, the aggregate balance of all Mortgage Loans, as of the relevant Transfer Date of each Mortgage Loan, as reported on the Mortgage Loan Schedule attached Purchaser and Transmedia shall confer and shall agree upon any necessary adjustments to the Trust Receipt and relating to correct any such Secured Note outstanding as the close of business on the Business Day immediately preceding such day, together with the balance of all Mortgage Loans, as of the relevant Transfer Date of each Mortgage Loan, added to, or deleted from, such Mortgage Loan Schedule and relating to such Secured Note as of the Transfer Dateerrors.
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Daily Report. Not later than 5:00 p.m. New York, New York time on (a) On each Business Day, the Indenture Trustee Servicer shall furnish to prepare a Daily Report in substantially the Trust and form attached hereto as Exhibit B. The Daily Report shall report for the Note PurchaserApplicable Day, by facsimile and e-mailamong other things, a report (the "dollar amount of Contract Assets created since the preceding Daily Report") containing , the following information:
1) the accrued and unpaid interest on such Secured Note at the close dollar amount of business Collections received on the day prior to such Business Applicable Day;
2) LIBOR for such day, and for each day since the day reflected in the most recent prior Daily Report;
3) the Margin being used by the Indenture Trustee to calculate accrued interest on such day;
4) the Note Principal Balance of each Secured Note as of the day prior to such Business Day;
5) any principal reduction in the Note Principal Balance of each Secured Note after the close of business on the date two Business Days before such day and prior to the close of business on the Business Day immediately preceding such day;
6) Borrowing Base, the amount of any payment Available Cash, the balance of interest the Collateral Account, and a current list of Purchased Contracts.
(b) The Servicer shall deliver to the Seller, the Collateral Agent, the Trustee and the Issuer and, upon request, the Noteholders, and, for the first 30 days after the Closing Date to a designee of the Noteholders, the Daily Report, which shall be deemed to have been certified by a Financial Officer, by 12:00 Noon (New York City time) on each Business Day with respect to each Secured Note on activity in the Purchased Contract Assets for the Applicable Day covered by such day;
7) the total amount on deposit in each Account as of the close of business on the Business Day immediately preceding such day, which amountDaily Report (or, in the case of a Daily Report delivered on a day following a Saturday, Sunday or other non-Business Day, the Collection Accountaggregate activity for the preceding Business Day and such non-Business Days); PROVIDED, HOWEVER, that if a "system failure" or other similar technical failure shall be stated separately, based solely on information supplied by occur in the operations of the Servicer to that produce data included in the Indenture TrusteeDaily Report, as (x) "general collections" and "prepayments in full" or (y) on the Business Day following any Determination Date, as "interest collections," "general principal collections," "prepayments in full" and "other collections" (and, if no such information is supplied with respect to any Determination Date, such amounts shall be deemed to be principal collections);
8) any deposits to, or withdrawals from, each Account prior to the close of business on the Business Day immediately preceding such day;
9) based on information supplied to the Indenture Trustee by the Servicer (shall use its best efforts to recreate Daily Reports for each Applicable Day missed due to a "system failure" or, if such information is supplied by the Servicer is unable to recreate such Daily Reports, the Servicer shall prepare a composite Daily Report for each such missed Applicable Day and, in either case, such Daily Reports shall be telecopied to the Collateral Agent, then the Trustee and the Issuer and, upon request, the Noteholders within two Business Days of the date such Daily Report(s) were otherwise required to be prepared and telecopied to the Trustee.
(c) The Servicer shall prepare each Daily Report as promptly as possible each Business Day on the basis of the "pre-audit" sales and collections figures transmitted the previous day to the Servicer's central computer processing center.
(d) Upon discovery of any error by the Issuer, the Collateral Agent), with respect to each Secured Note, the aggregate balance Servicer or the Seller in any Daily Report, the Collateral Agent, the Issuer, the Servicer, the Trustee and the Seller shall confer and shall agree upon any necessary adjustments to correct any such errors. Until correction of such error, all Mortgage Loans, as of the relevant Transfer Date of each Mortgage Loan, as reported on the Mortgage Loan Schedule attached to the Trust Receipt and Collections relating to such Secured Note outstanding as errors shall be retained in the close Collateral Account. Unless the Collateral Agent has received actual notice of business any discrepancy, the Collateral Agent, the Trustee and the Issuer may rely on the Business Day immediately preceding such day, together with the balance of Daily Report for all Mortgage Loans, as of the relevant Transfer Date of each Mortgage Loan, added to, or deleted from, such Mortgage Loan Schedule and relating to such Secured Note as of the Transfer Datepurposes hereunder.
Appears in 1 contract
Samples: Purchase and Servicing Agreement (Transmedia Network Inc /De/)
Daily Report. Not later than 5:00 p.m. New YorkOn each Business Day, the Servicer shall prepare a Daily Report substantially in the form of Exhibit A to this Agreement, on the basis of the sales and collections figures reported the previous day or days from the Servicer's central computer processing center. The Daily Report shall report, among other things, the dollar amount of Receivables originations reported to the Servicer since the preceding Daily Report and the dollar amount of Collections and Recoveries received in the Collateral Account for the Applicable Day or Applicable Days covered by such Daily Report (or, in the case of a Daily Report delivered on a day following a Saturday, Sunday or other non-Business Day, the aggregate such activity for the preceding Business Day and such non-Business Days). The Servicer shall also determine the Noteholder Default Amount on each Business Day and reflect such amounts in the Daily Report. By 12:00 Noon (New York time City time) on each Business Day, the Indenture Trustee Servicer shall furnish deliver the Daily Report to the Trust Issuer, the Seller and the Note Purchaser, by facsimile and e-mail, a report (the "Daily Report") containing the following information:
1) the accrued and unpaid interest on such Secured Note at the close of business on the day prior to such Business Day;
2) LIBOR for such day, and for each day since the day reflected in the most recent prior Daily Report;
3) the Margin being used by the Indenture Trustee to calculate accrued interest on such day;
4) the Note Principal Balance of each Secured Note as of the day prior to such Business Day;
5) any principal reduction in the Note Principal Balance of each Secured Note after the close of business on the date two Business Days before such day and prior to the close of business on the Business Day immediately preceding such day;
6) the amount of any payment of interest with respect to each Secured Note on such day;
7) the total amount on deposit in each Account as of the close of business on the Business Day immediately preceding such day, which amount, in the case of the Collection Account, shall be stated separately, based solely on information supplied by the Servicer to the Indenture Trustee, as (x) which Daily Report shall be certified by a Financial Officer of the Servicer; provided that, if a Force Majeure or a "general collections" and "prepayments in fullsystem failure" or (y) on other similar technical failure in the Business operations of the Servicer shall occur that prevents the preparation or delivery of any Daily Report within such time, the Servicer shall use its best efforts to recreate Daily Reports for each Applicable Day following any Determination Datemissed as a result thereof or, as "interest collections," "general principal collections," "prepayments in full" and "other collections" (if the Servicer is unable to recreate such Daily Reports, the Servicer shall prepare a composite Daily Report for each such missed Applicable Day and, if no in either case, the Servicer shall deliver such information is supplied with respect to any Determination Date, such amounts shall be deemed to be principal collections);
8) any deposits to, or withdrawals from, each Account prior Daily Reports to the close of business on Issuer, the Business Day immediately preceding such day;
9) based on information supplied to Seller and the Indenture Trustee within three Business Days of the date such Daily Report(s) were otherwise required to be delivered. Upon the discovery of any error in any Daily Report by the Servicer (orIssuer, if such information is supplied by the Seller, the Servicer to or the Collateral Agent, then by the Collateral Agent), with respect to each Secured NoteIndenture Trustee, the aggregate balance of all Mortgage LoansIssuer, as of the relevant Transfer Date of each Mortgage LoanSeller, as reported on the Mortgage Loan Schedule attached Servicer and the Indenture Trustee shall confer and shall agree upon any necessary adjustments to the Trust Receipt and relating to correct any such Secured Note outstanding as the close of business on the Business Day immediately preceding such day, together with the balance of all Mortgage Loans, as of the relevant Transfer Date of each Mortgage Loan, added to, or deleted from, such Mortgage Loan Schedule and relating to such Secured Note as of the Transfer Date.error. Unless
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