Common use of Data Report Clause in Contracts

Data Report. On or before the tenth calendar day of each month, the Servicer will transmit or deliver to the Administrator, the Standby Servicer and the Custodian a data report in the form of magnetic tape or diskette or computer modem transmission, in a format acceptable to the Administrator, the Standby Servicer, and the Custodian, containing such information as the Administrator or the Standby Servicer may reasonably require with respect to the Receivables as of the close of business on the last day of the preceding Collection Period, including without limitation the information necessary for preparation of the Servicer's Certificate (a "Data Report"). The Servicer shall also transmit to the Administrator and the Custodian a Data Report concurrently with the delivery of any Addition Notice, containing information with respect to the Receivables to be sold to the Purchaser on the relevant Subsequent Transfer Date and the Receivables included in the Purchased Assets after giving effect to such sale. The Servicer shall also transmit to the Administrator and the Custodian a Data Report concurrently with the delivery of any Warehouse Funding Notice, containing information with respect to any new Receivables to be added to the Warehouse Loan Tranche on or before the Warehouse Funding Date and the Receivables included in the Warehouse Loan Tranche after giving effect to such Warehouse Funding. The Standby Servicer shall use each such monthly Data Report to verify the Servicer's Certificate delivered by the Servicer for the same Collection Period, and the Standby Servicer shall notify the Servicer and the Administrator of any discrepancies on or before the second Business Day following the Determination Date. In the event that the Standby Servicer reports any discrepancies, the Servicer and the Standby Servicer shall attempt to reconcile such discrepancies prior to the third Business Day prior to the related Distribution Date, but in the absence of a reconciliation, the Servicer's Certificate shall control for the purpose of calculations and distributions with respect to the related Distribution Date. In the event that the Standby Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer's Certificate by the related Distribution Date, the Servicer shall cause a firm of independent certified public accountants, at the Servicer's expense, to audit the Servicer's Certificate and, prior to the fifth calendar day of the following month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer's Certificate for such next succeeding Determination Date. Other than the duties specifically set forth in this Agreement, the Standby Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Standby Servicer shall have no liability for any actions taken or omitted by the Servicer.

Data Report. On or before the tenth calendar day of each monthDetermination Date, the Servicer will transmit or deliver to the Administrator, the Standby Servicer Trustee and the Custodian Controlling Party a data report in the form of magnetic tape or diskette or computer modem transmission, in a format reasonably acceptable to the Administrator, the Standby Servicer, and the CustodianControlling Party, containing such information as the Administrator Trustee or the Standby Servicer Controlling Party may reasonably require with respect to the Receivables Contracts as of the close of business on the last day of the preceding Collection Due Period, including without limitation the information necessary for preparation of the Monthly Servicer's Certificate Report (a "Data Report"). The Back-up Servicer shall also transmit to the Administrator and the Custodian a verify that each Data Report concurrently with is in a readable and usable form and covers all information necessary to service the delivery of any Addition NoticeContracts, containing information with respect to the Receivables to be sold to the Purchaser on the relevant Subsequent Transfer Date including, but not limited to, Aggregate IPB, Available Funds, Delinquent Contracts, Defaulted Contracts, Recoveries, prepayments and the Receivables included in the Purchased Assets after giving effect to such salebankruptcies. The Servicer shall also transmit to the Administrator and the Custodian a Data Report concurrently with the delivery of any Warehouse Funding Notice, containing information with respect to any new Receivables to be added to the Warehouse Loan Tranche on or before the Warehouse Funding Date and the Receivables included in the Warehouse Loan Tranche after giving effect to such Warehouse Funding. The Standby Back-up Servicer shall use each such monthly Data Report to verify confirm that the Monthly Servicer's Certificate Report delivered by the Servicer for the same Collection related Due Period is correct with respect to the following information: beginning and ending Aggregate IPB; the Implicit Principal Balance of Contracts that are 31-60, 61-90 and 91 or more days delinquent; the 31 to 60 Day Delinquency Ratio; the 61 to 90 Day Delinquency Ratio; the NPA Ratio; the sum of the Implicit Principal Balance of Defaulted Contracts for the related Due Period; and for each of the first four Monthly Servicer's Reports delivered after the Closing Date, confirmation of concentrations by Customer, broker, type of Equipment, and geographic territory as of the Standby end of the related Due Period. The Back-up Servicer shall notify the Servicer Servicer, the Trustee and the Administrator Note Insurer of any material discrepancies in connection with such verification and confirmation on or before the second third Business Day following the applicable Determination Date. The Back-up Servicer shall provide, on the Business Day prior to the related Payment Date written certification to the Trustee and the Note Insurer that the information confirmed pursuant to the second preceding sentence above appears complete and correct (except with respect to any discrepancies described above). In the event that the Standby Back-up Servicer reports any material discrepancies, the Servicer and the Standby Back-up Servicer shall attempt to reconcile such discrepancies prior to the third Business Day prior to the related Distribution Payment Date, but in the absence of a reconciliation, the Monthly Servicer's Certificate Report shall control for the purpose of calculations and distributions with respect to the related Distribution Payment Date. In the event that the Standby Back-up Servicer and the Servicer are unable to reconcile discrepancies with respect to a Monthly Servicer's Certificate Report by the related Distribution Dateend of the calendar month in which such Payment Date occurred, the Servicer shall shall, if so directed by the Controlling Party, cause a firm of nationally-recognized independent certified public accountantsaccountants acceptable to the Controlling Party, at the Servicer's expense, to audit the Monthly Servicer's Certificate Report and, prior to the fifth calendar day of the following monthnext succeeding Determination Date, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Monthly Servicer's Certificate Report for such next succeeding Determination Date. Other than the duties specifically set forth in this Agreement, the Standby Back-up Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Standby Back-up Servicer shall have no liability for any actions taken or omitted by the Servicer.

Data Report. On or before the tenth calendar day of each monthReporting Date, the Servicer will transmit or deliver to the AdministratorStandby Servicer, the Standby Servicer Notice Parties and the Custodian Collateral Agent a data report in the form of magnetic tape or diskette or computer modem transmission, in a format reasonably acceptable to the AdministratorNotice Parties, the Standby Servicer, Servicer and the CustodianCollateral Agent, containing such information as the Administrator or Notice Parties, the Standby Servicer or the Collateral Agent may reasonably require with respect to the Receivables as of the close of business on the last day of the preceding Collection Period, including without limitation the information necessary for preparation of the Servicer's Certificate (a "Data Report"). The Servicer shall also transmit to the Administrator Notice Parties, the Standby Servicer and the Custodian Collateral Agent a Data Report concurrently with the delivery of any Addition Notice, containing information with respect to the Receivables to be sold to the Purchaser on the relevant Subsequent Transfer Date and the Receivables included in the Purchased Assets after giving effect to such sale. The Servicer shall also transmit to the Administrator and the Custodian a Data Report concurrently with the delivery of any Warehouse Funding Notice, containing information with respect to any new Receivables to be added to the Warehouse Loan Tranche Collateral on or before the Warehouse Funding Date and the Receivables included in the Warehouse Loan Tranche Collateral after giving effect to such Warehouse Funding. The Standby Servicer shall verify that each Data Report is in a readable and usable form and covers all information necessary to service the Receivables, including, but not limited to, Principal Balances as to the total portfolio, Collections, Delinquency Rates, Defaulted Receivables, Recoveries, prepayments and bankruptcies. The Standby Servicer shall use each such monthly Data Report to verify confirm that the Servicer's Certificate delivered by the Servicer for the same related Collection Period is correct with respect to the following information: beginning and ending Pool Balance; beginning and ending Outstanding Principal; the aggregate Principal Balance of Receivables that are 31-60, 61-90 and 91 or more days delinquent; the 31 to 60 Day Delinquency Ratio; the 61 to 90 Day Delinquency Ratio; the sum of the Principal Balance of Defaulted Receivables for the related Collection Period; and confirmation of concentrations by Obligor, broker, type of Equipment and geographic territory as of the end of the related Collection Period. The Standby Servicer shall notify the Servicer Servicer, and the Administrator Notice Parties of any material discrepancies on or before the second third Business Day following the Determination Reporting Date. The Standby Servicer shall provide, before the end of the related calendar month, written certification to the Notice Parties that the information verified pursuant to the second preceding sentence above appears complete and correct (except with respect to any discrepancies described above). In the event that the Standby Servicer reports any material discrepancies, the Servicer and the Standby Servicer shall attempt to reconcile such discrepancies prior to the third Business Day prior to the related Distribution Date, but in the absence of a reconciliation, the Servicer's Certificate shall control for the purpose of calculations and distributions with respect to the related Distribution Date. In the event that the Standby Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer's Certificate by the related Distribution Date, the Servicer shall cause a firm of nationally-recognized independent certified public accountantsaccountants acceptable to the Surety Provider, at the Servicer's expense, to audit the Servicer's Certificate and, prior to the fifth calendar day of the following month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer's Certificate for such next succeeding Determination Reporting Date. Other than the duties specifically set forth in this Agreement, the Standby Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Standby Servicer shall have no liability for any actions taken or omitted by the Servicer.

Data Report. On or before the tenth calendar day of each monthDetermination Date, the Servicer will transmit or deliver to the Administrator, the Standby Servicer and the Custodian Notice Parties a data report in the form of magnetic tape or diskette or computer modem transmission, in a format reasonably acceptable to the Administrator, the Standby Servicer, and the CustodianNotice Parties, containing such information as the Administrator or the Standby Servicer Notice Parties may reasonably require with respect to the Receivables Contracts as of the close of business on the last day of the preceding Collection Period, including without limitation the information necessary for preparation of the Servicer's Certificate (a "Data Report"). The Servicer shall also transmit to the Administrator and the Custodian Notice Parties a Data Report concurrently with the delivery of any Addition Notice, containing information with respect to the Receivables to be sold to the Purchaser on the relevant Subsequent Transfer Date Notice of Borrowing and the Receivables included in the Purchased Assets after giving effect to such sale. The Servicer shall also transmit to the Administrator and the Custodian a Data Report concurrently with the delivery of any Warehouse Funding NoticePledge, containing information with respect to any new Receivables Contracts to be added to the Warehouse Loan Tranche Collateral on or before the Warehouse Funding Date and the Receivables Contracts included in the Warehouse Loan Tranche Collateral after giving effect to such Warehouse FundingAdvance. The Standby Backup Servicer shall verify that each Data Report is in a readable and usable form and covers all information necessary to service the Contracts, including, but not limited to, Aggregate Implicit Principal Balance of the Contracts, Available Funds, Delinquent Contracts, Defaulted Contracts, Recoveries, prepayments and bankruptcies. The Backup Servicer shall use each such monthly Data Report to verify confirm that the Servicer's Certificate delivered by the Servicer for the same related Collection Period is correct with respect to the following information: beginning and ending Aggregate Implicit Balance of the Contracts; beginning and ending Total Outstanding Advances; the Implicit Principal Balance of Contracts that are 31-60, 61-90 and 91 or more days delinquent; the 31 to 60 Day Delinquency Ratio; the 61 to 90 Day Delinquency Ratio; the NPA Ratio; the sum of the Implicit Principal Balance of Defaulted Contracts for the related Collection Period; the Annualized Charge Off Ratio; the Borrowing Base; the Borrowing Base Deficiency, if any; and confirmation of concentrations by Customer, broker, type of Equipment, FinPac Custom Score and geographic territory as of the Standby end of the related Collection Period. The Backup Servicer shall notify the Servicer and the Administrator Notice Parties of any material discrepancies in connection with such verification 11 Servicing Agreement and confirmation on or before the second third Business Day following the applicable Determination Date. The Backup Servicer shall provide, before the end of the related calendar month, written certification to the Notice Parties that the information confirmed pursuant to the second preceding sentence above appears complete and correct (except with respect to any discrepancies described above). In the event that the Standby Backup Servicer reports any material discrepancies, the Servicer and the Standby Backup Servicer shall attempt to reconcile such discrepancies prior to the third Business Day prior to the related Distribution Payment Date, but in the absence of a reconciliation, the Servicer's Certificate shall control for the purpose of calculations and distributions with respect to the related Distribution Payment Date. In the event that the Standby Backup Servicer and the Servicer are unable to reconcile discrepancies with respect to a Servicer's Certificate by the related Distribution Payment Date, the Servicer shall cause a firm of nationally-recognized independent certified public accountantsaccountants acceptable to the Lender, at the Servicer's expense, to audit the Servicer's Certificate and, prior to the fifth calendar day of the following month, reconcile the discrepancies. The effect, if any, of such reconciliation shall be reflected in the Servicer's Certificate for such next succeeding Determination Date. Other than the duties specifically set forth in this Agreement, the Standby Backup Servicer shall have no obligations hereunder, including, without limitation, to supervise, verify, monitor or administer the performance of the Servicer. The Standby Backup Servicer shall have no liability for any actions taken or omitted by the Servicer.