Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “F1” by Fitch and at least “A-1” by Standard & Poor’s (this rating requirement, the “Monthly Deposit Required Ratings”), Ford Credit may deposit Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date. (b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Required Ratings or a Servicer Termination Event occurs: (i) on the Closing Date, the Servicer will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy during the period from the Cutoff Date until two Business Days preceding the Closing Date; and (ii) on and after the Closing Date, Ford Credit will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy within two Business Days after such application. (c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, exceeds the amounts deposited pursuant to Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to such excess into the Collection Account on the Business Day preceding such Payment Date or, with satisfaction of the Rating Agency Condition, on such Payment Date. If, for any Payment Date, the amounts deposited pursuant to Section 4.3(b) for the related Collection Period exceed the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c). (d) Ford Credit may make the deposits and payments required by this Section 4.3 net of Servicing Fees to be paid to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately. (e) If Ford Credit (or a successor of Ford Credit pursuant to Section 6.4) is not the Servicer, the Servicer will be required to deposit Collections into the Collection Account within two Business Days after receipt and application. (f) Pending deposit into the Collection Account, amounts collected by the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own funds.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2013-C), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2013-C), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2013-A)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “F1P-1” by Fitch Moody’s and at least “A-1” by Standard & Poor’s (this rating requirement, the “Monthly Deposit Required Ratings”), Ford Credit may deposit Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Required Ratings or a Servicer Termination Event occurs:
(i) on the Closing Date, the Servicer will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy during the period from the Cutoff Date until two Business Days preceding the Closing Date; and
(ii) on and after the Closing Date, Ford Credit will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy within two Business Days after such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, exceeds the amounts deposited pursuant to Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to such excess into the Collection Account on the Business Day preceding such Payment Date or, with satisfaction of the Rating Agency Condition, on such Payment Date. If, for any Payment Date, the amounts deposited pursuant to Section 4.3(b) for the related Collection Period exceed the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c).
(d) Ford Credit may make the deposits and payments required by this Section 4.3 net of Servicing Fees to be paid to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.
(e) If Ford Credit (or a successor of Ford Credit pursuant to Section 6.4) is not the Servicer, the Servicer will be required to deposit Collections into the Collection Account within two Business Days after receipt and application.
(f) Pending deposit into the Collection Account, amounts collected by the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own funds.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2014-A), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2014-A), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “F1” or better by Fitch and at least “A-1” or better by Standard & Poor’s (this rating requirement, the “Monthly Deposit Required Ratings”), Ford Credit may deposit Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Required Ratings or a Servicer Termination Event occurs:
(i) on the Closing Date, the Servicer will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy during the period from the Cutoff Date until two Business Days preceding the Closing Date; and
(ii) on and after the Closing Date, Ford Credit will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy within two Business Days after such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, exceeds the amounts deposited pursuant to Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to such excess into the Collection Account on the Business Day preceding such Payment Date or, with satisfaction of the Rating Agency Condition, on such Payment Date. If, for any Payment Date, the amounts deposited pursuant to Section 4.3(b) for the related Collection Period exceed the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c).
(d) Ford Credit may make the deposits and payments required by this Section 4.3 net of Servicing Fees to be paid to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.
(e) If Ford Credit (or a successor of Ford Credit pursuant to Section 6.4) is not the Servicer, the Servicer will be required to deposit Collections into the Collection Account within two Business Days after receipt and application.
(f) Pending deposit into the Collection Account, amounts collected by the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own funds.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2012-C), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2012-C), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2012-B)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “F1+” by Fitch and at least “A-1P-1” by Standard & Poor’s Xxxxx’x (this rating requirement, the “Monthly Deposit Required Ratings”), Ford Credit may deposit Collections on the Business Day preceding prior to each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Required Ratings or a Servicer Termination Event occurs:
(i) on the Closing Date, the Servicer will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy during the period from the Cutoff Date until two Business Days preceding prior to the Closing Date; and
(ii) on and after the Closing Date, Ford Credit will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy within two Business Days after such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such the Payment Date, exceeds the amounts deposited pursuant to under Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to such the excess into the Collection Account on the Business Day preceding such prior to the Payment Date or, with satisfaction of the Rating Agency Condition, on such the Payment Date. If, for any Payment Date, the amounts deposited pursuant to under Section 4.3(b) for the related Collection Period exceed the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such the Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such the excess within two Business Days of Ford Credit’s request, but in no event later than such the Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to under this Section 4.3(c).
(d) Ford Credit may make the deposits and payments required by this Section 4.3 net of Servicing Fees to be paid to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.
(e) If Ford Credit (or a successor of Ford Credit pursuant to under Section 6.4) is not the Servicer, the Servicer will be required to deposit Collections into the Collection Account within two Business Days after receipt and application.
(f) Pending deposit into the Collection Account, amounts collected by the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own funds.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2015-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2015-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2015-A)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “F1” or better by Fitch and at least “A-1” or better by Standard & Poor’s (this rating requirement, the “Monthly Deposit Remittance Required Ratings”), Ford Credit may deposit remit 2015-B Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Remittance Required Ratings or a Servicer Termination Event of Default occurs, the Servicer will remit to the Exchange Note Collection Account:
(i) on the Closing Exchange Note Issuance Date, an amount equal to the Servicer will deposit into sum of (A) the Collection Account Cutoff Date Payahead Amount and (B) all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) that are Posted during the period from and including the Cutoff Date until two to and including the second Business Days Day preceding the 2015-B Closing Date; and;
(ii) on and after following the Closing Exchange Note Issuance Date, Ford Credit will deposit into the Collection Account an amount equal to all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) within two Business Days after the Posting Date for those amounts (including any such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, exceeds the amounts deposited pursuant to Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to such excess into the Collection Account Posted on the Business Day preceding such the Exchange Note Issuance Date and on the Exchange Note Issuance Date); and
(iii) all Administrative Reallocation Amounts, Active Lease Advances, Payment Extension Fees and Recoveries received in any Collection Period no later than the Business Day preceding the following Payment Date or, with satisfaction of the Rating Agency Condition, on such the following Payment Date. If, for any Payment Date.
(c) Pending deposit in the Exchange Note Collection Account, the amounts deposited pursuant Servicer is not required to Section 4.3(b) for the related Collection Period exceed the sum of (i) segregate 2015-B Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c)Payaheads from its own funds.
(d) So long as Ford Credit remains the Servicer, Ford Credit, as Servicer, may make the deposits and payments required by this Section 4.3 4.2(a) net of of:
(i) Reference Pool Servicing Fees to be paid distributed under Section 3.8(a) to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.that Collection Period; and
(eii) If Ford Credit (or a successor of Ford Credit pursuant to Section 6.4) is not the Servicer, Advance Reimbursement Amounts that the Servicer will be required is permitted to deposit Collections into the Collection Account within two Business Days after receipt and applicationretain under Section 4.3(b).
(f) Pending deposit into the Collection Account, amounts collected by the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own funds.
Appears in 2 contracts
Samples: Servicing Supplement (Ford Credit Auto Lease Trust 2015-B), Servicing Agreement (Ford Credit Auto Lease Trust 2015-B)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “F1” or better by Fitch and at least “A-1” or better by Standard & Poor’s (this rating requirement, the “Monthly Deposit Remittance Required Ratings”), Ford Credit may deposit remit 2014-A Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Remittance Required Ratings or a Servicer Termination Event of Default occurs, the Servicer will remit to the Exchange Note Collection Account:
(i) on the Closing Exchange Note Issuance Date, an amount equal to the Servicer will deposit into sum of (A) the Collection Account Cutoff Date Payahead Amount and (B) all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) that are Posted during the period from and including the Cutoff Date until two to and including the second Business Days Day preceding the 2014-A Closing Date; and;
(ii) on and after following the Closing Exchange Note Issuance Date, Ford Credit will deposit into the Collection Account an amount equal to all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) within two Business Days after such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts Posting Date for such Payment Date, exceeds the amounts deposited pursuant to Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to (including any such excess into the Collection Account amounts Posted on the Business Day preceding such the Exchange Note Issuance Date and on the Exchange Note Issuance Date); and
(iii) all Administrative Reallocation Amounts, Active Lease Advances, Payment Extension Fees and Recoveries with respect to any Collection Period no later than the Business Day preceding the following Payment Date or, with satisfaction of the Rating Agency Condition, on such the following Payment Date. If, for any Payment Date.
(c) Pending deposit in the Exchange Note Collection Account, the amounts deposited pursuant Servicer is not required to Section 4.3(b) for the related Collection Period exceed the sum of (i) segregate 2014-A Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c)Payaheads from its own funds.
(d) So long as Ford Credit remains the Servicer, Ford Credit, as Servicer, may make the deposits and payments required by this Section 4.3 4.2(a) net of of:
(i) Reference Pool Servicing Fees to be paid to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.
(e) If Ford Credit (or a successor of Ford Credit distributed pursuant to Section 6.43.8(a) is not the Servicer, to the Servicer will be required with respect to deposit Collections into the such Collection Account within two Business Days after receipt and application.Period; and
(fii) Pending deposit into the Collection Account, amounts collected by Advance Reimbursement Amounts that the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own fundsis permitted to retain pursuant to Section 4.3(b).
Appears in 2 contracts
Samples: Servicing Supplement (Ford Credit Auto Lease Trust 2014-A), Servicing Agreement (Ford Credit Auto Lease Trust 2014-A)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “F1+” by Fitch and at least “A-1” by Standard & Poor’s (this rating requirement, the “Monthly Deposit Required Ratings”), Ford Credit may deposit Collections on the Business Day preceding prior to each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Required Ratings or a Servicer Termination Event occurs:
(i) on the Closing Date, the Servicer will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy during the period from the Cutoff Date until two Business Days preceding prior to the Closing Date; and
(ii) on and after the Closing Date, Ford Credit will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy within two Business Days after such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such the Payment Date, exceeds the amounts deposited pursuant to under Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to such the excess into the Collection Account on the Business Day preceding such prior to the Payment Date or, with satisfaction of the Rating Agency Condition, on such the Payment Date. If, for any Payment Date, the amounts deposited pursuant to under Section 4.3(b) for the related Collection Period exceed the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such the Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such the excess within two Business Days of Ford Credit’s request, but in no event later than such the Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to under this Section 4.3(c).
(d) Ford Credit may make the deposits and payments required by this Section 4.3 net of Servicing Fees to be paid to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.
(e) If Ford Credit (or a successor of Ford Credit pursuant to under Section 6.4) is not the Servicer, the Servicer will be required to deposit Collections into the Collection Account within two Business Days after receipt and application.
(f) Pending deposit into the Collection Account, amounts collected by the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own funds.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2014-C), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2014-C)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “P-1” by Xxxxx’x and “F1” by Fitch and at least “A-1” by Standard & Poor’s (this rating requirement, the “Monthly Deposit Remittance Required Ratings”), Ford Credit may deposit remit 2012-B Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Remittance Required Ratings or a Servicer Termination Event of Default occurs, the Servicer will remit to the Exchange Note Collection Account:
(i) on the Closing Exchange Note Issuance Date, an amount equal to the Servicer will deposit into sum of (A) the Collection Account Cutoff Date Payahead Amount and (B) all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) that are Posted during the period from and including the Cutoff Date until two to and including the second Business Days Day preceding the 2012-B Closing Date; and;
(ii) on and after following the Closing Exchange Note Issuance Date, Ford Credit will deposit into the Collection Account an amount equal to all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) within two Business Days after such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts Posting Date for such Payment Date, exceeds the amounts deposited pursuant to Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to (including any such excess into the Collection Account amounts Posted on the Business Day preceding such the Exchange Note Issuance Date and on the Exchange Note Issuance Date); and
(iii) all Administrative Reallocation Amounts, Active Lease Advances, Payment Extension Fees and Recoveries with respect to any Collection Period no later than the Business Day preceding the following Payment Date or, with satisfaction of the Rating Agency Condition, on such the following Payment Date. If, for any Payment Date.
(c) Pending deposit in the Exchange Note Collection Account, the amounts deposited pursuant Servicer is not required to Section 4.3(b) for the related Collection Period exceed the sum of (i) segregate 2012-B Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c)Payaheads from its own funds.
(d) So long as Ford Credit remains the Servicer, Ford Credit, as Servicer, may make the deposits and payments required by this Section 4.3 4.2(a) net of of:
(i) Reference Pool Servicing Fees to be paid to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.
(e) If Ford Credit (or a successor of Ford Credit distributed pursuant to Section 6.43.8(a) is not the Servicer, to the Servicer will be required with respect to deposit Collections into the such Collection Account within two Business Days after receipt and application.Period; and
(fii) Pending deposit into the Collection Account, amounts collected by Advance Reimbursement Amounts that the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own fundsis permitted to retain pursuant to Section 4.3(b).
Appears in 2 contracts
Samples: Servicing Supplement (Ford Credit Auto Lease Trust 2012-B), Servicing Supplement (Ford Credit Auto Lease Trust 2012-B)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “F1P-1” or better by Fitch Moody’s and at least “A-1” or better by Standard & Poor’s (this rating requirement, the “Monthly Deposit Remittance Required Ratings”), Ford Credit may deposit remit 2015-A Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Remittance Required Ratings or a Servicer Termination Event of Default occurs, the Servicer will remit to the Exchange Note Collection Account:
(i) on the Closing Exchange Note Issuance Date, an amount equal to the Servicer will deposit into sum of (A) the Collection Account Cutoff Date Payahead Amount and (B) all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) that are Posted during the period from and including the Cutoff Date until two to and including the second Business Days Day preceding the 2015-A Closing Date; and;
(ii) on and after following the Closing Exchange Note Issuance Date, Ford Credit will deposit into the Collection Account an amount equal to all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) within two Business Days after the Posting Date for those amounts (including any such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, exceeds the amounts deposited pursuant to Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to such excess into the Collection Account Posted on the Business Day preceding such the Exchange Note Issuance Date and on the Exchange Note Issuance Date); and
(iii) all Administrative Reallocation Amounts, Active Lease Advances, Payment Extension Fees and Recoveries received in any Collection Period no later than the Business Day preceding the following Payment Date or, with satisfaction of the Rating Agency Condition, on such the following Payment Date. If, for any Payment Date.
(c) Pending deposit in the Exchange Note Collection Account, the amounts deposited pursuant Servicer is not required to Section 4.3(b) for the related Collection Period exceed the sum of (i) segregate 2015-A Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c)Payaheads from its own funds.
(d) So long as Ford Credit remains the Servicer, Ford Credit, as Servicer, may make the deposits and payments required by this Section 4.3 4.2(a) net of of:
(i) Reference Pool Servicing Fees to be paid distributed under Section 3.8(a) to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.that Collection Period; and
(eii) If Ford Credit (or a successor of Ford Credit pursuant to Section 6.4) is not the Servicer, Advance Reimbursement Amounts that the Servicer will be required is permitted to deposit Collections into the Collection Account within two Business Days after receipt and applicationretain under Section 4.3(b).
(f) Pending deposit into the Collection Account, amounts collected by the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own funds.
Appears in 2 contracts
Samples: Servicing Supplement (Ford Credit Auto Lease Trust 2015-A), Servicing Agreement (Ford Credit Auto Lease Trust 2015-A)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “F1F-1” by Fitch and at least “A-1P-1” by Standard & Poor’s Xxxxx’x (this rating requirement, the “Monthly Deposit Required Ratings”), Ford Credit may deposit Collections on the Business Day preceding prior to each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Required Ratings or a Servicer Termination Event occurs:
(i) on the Closing Date, the Servicer will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy during the period from the Cutoff Date until two Business Days preceding prior to the Closing Date; and
(ii) on and after the Closing Date, Ford Credit will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy within two Business Days after such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such the Payment Date, exceeds the amounts deposited pursuant to under Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to such the excess into the Collection Account on the Business Day preceding such prior to the Payment Date or, with satisfaction of the Rating Agency Condition, on such the Payment Date. If, for any Payment Date, the amounts deposited pursuant to under Section 4.3(b) for the related Collection Period exceed the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such the Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such the excess within two Business Days of Ford Credit’s request, but in no event later than such the Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to under this Section 4.3(c).
(d) Ford Credit may make the deposits and payments required by this Section 4.3 net of Servicing Fees to be paid to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.
(e) If Ford Credit (or a successor of Ford Credit pursuant to under Section 6.4) is not the Servicer, the Servicer will be required to deposit Collections into the Collection Account within two Business Days after receipt and application.
(f) Pending deposit into the Collection Account, amounts collected by the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own funds.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2014-B), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2014-B)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “P-1” by Xxxxx’x and “F1” by Fitch and at least “A-1” by Standard & Poor’s (this rating requirement, the “Monthly Deposit Remittance Required Ratings”), Ford Credit may deposit remit 2013-A Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Remittance Required Ratings or a Servicer Termination Event of Default occurs, the Servicer will remit to the Exchange Note Collection Account:
(i) on the Closing Exchange Note Issuance Date, an amount equal to the Servicer will deposit into sum of (A) the Collection Account Cutoff Date Payahead Amount and (B) all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) that are Posted during the period from and including the Cutoff Date until two to and including the second Business Days Day preceding the 2013-A Closing Date; and;
(ii) on and after following the Closing Exchange Note Issuance Date, Ford Credit will deposit into the Collection Account an amount equal to all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) within two Business Days after such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts Posting Date for such Payment Date, exceeds the amounts deposited pursuant to Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to (including any such excess into the Collection Account amounts Posted on the Business Day preceding such the Exchange Note Issuance Date and on the Exchange Note Issuance Date); and
(iii) all Administrative Reallocation Amounts, Active Lease Advances, Payment Extension Fees and Recoveries with respect to any Collection Period no later than the Business Day preceding the following Payment Date or, with satisfaction of the Rating Agency Condition, on such the following Payment Date. If, for any Payment Date.
(c) Pending deposit in the Exchange Note Collection Account, the amounts deposited pursuant Servicer is not required to Section 4.3(b) for the related Collection Period exceed the sum of (i) segregate 2013-A Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c)Payaheads from its own funds.
(d) So long as Ford Credit remains the Servicer, Ford Credit, as Servicer, may make the deposits and payments required by this Section 4.3 4.2(a) net of of:
(i) Reference Pool Servicing Fees to be paid to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.
(e) If Ford Credit (or a successor of Ford Credit distributed pursuant to Section 6.43.8(a) is not the Servicer, to the Servicer will be required with respect to deposit Collections into the such Collection Account within two Business Days after receipt and application.Period; and
(fii) Pending deposit into the Collection Account, amounts collected by Advance Reimbursement Amounts that the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own fundsis permitted to retain pursuant to Section 4.3(b).
Appears in 2 contracts
Samples: Servicing Supplement (Ford Credit Auto Lease Trust 2013-A), Servicing Supplement (Ford Credit Auto Lease Trust 2013-A)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “F1” by Fitch and at least “A-1P-1” by Standard & Poor’s Xxxxx’x (this rating requirement, the “Monthly Deposit Required Ratings”), Ford Credit may deposit Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Required Ratings or a Servicer Termination Event occurs:
(i) on the Closing Date, the Servicer will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy during the period from the Cutoff Date until two Business Days preceding the Closing Date; and
(ii) on and after the Closing Date, Ford Credit will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy within two Business Days after such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, exceeds the amounts deposited pursuant to Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to such excess into the Collection Account on the Business Day preceding such Payment Date or, with satisfaction of the Rating Agency Condition, on such Payment Date. If, for any Payment Date, the amounts deposited pursuant to Section 4.3(b) for the related Collection Period exceed the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c).
(d) Ford Credit may make the deposits and payments required by this Section 4.3 net of Servicing Fees to be paid to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.
(e) If Ford Credit (or a successor of Ford Credit pursuant to Section 6.4) is not the Servicer, the Servicer will be required to deposit Collections into the Collection Account within two Business Days after receipt and application.
(f) Pending deposit into the Collection Account, amounts collected by the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own funds.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2013-D), Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2013-D)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “P-1” by Xxxxx’x and “F1” by Fitch and at least “A-1” by Standard & Poor’s (this rating requirement, the “Monthly Deposit Remittance Required Ratings”), Ford Credit may deposit remit 2013-B Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Remittance Required Ratings or a Servicer Termination Event of Default occurs, the Servicer will remit to the Exchange Note Collection Account:
(i) on the Closing Exchange Note Issuance Date, an amount equal to the Servicer will deposit into sum of (A) the Collection Account Cutoff Date Payahead Amount and (B) all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) that are Posted during the period from and including the Cutoff Date until two to and including the second Business Days Day preceding the 2013-B Closing Date; and;
(ii) on and after following the Closing Exchange Note Issuance Date, Ford Credit will deposit into the Collection Account an amount equal to all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) within two Business Days after such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts Posting Date for such Payment Date, exceeds the amounts deposited pursuant to Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to (including any such excess into the Collection Account amounts Posted on the Business Day preceding such the Exchange Note Issuance Date and on the Exchange Note Issuance Date); and
(iii) all Administrative Reallocation Amounts, Active Lease Advances, Payment Extension Fees and Recoveries with respect to any Collection Period no later than the Business Day preceding the following Payment Date or, with satisfaction of the Rating Agency Condition, on such the following Payment Date. If, for any Payment Date.
(c) Pending deposit in the Exchange Note Collection Account, the amounts deposited pursuant Servicer is not required to Section 4.3(b) for the related Collection Period exceed the sum of (i) segregate 2013-B Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c)Payaheads from its own funds.
(d) So long as Ford Credit remains the Servicer, Ford Credit, as Servicer, may make the deposits and payments required by this Section 4.3 4.2(a) net of of:
(i) Reference Pool Servicing Fees to be paid to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.
(e) If Ford Credit (or a successor of Ford Credit distributed pursuant to Section 6.43.8(a) is not the Servicer, to the Servicer will be required with respect to deposit Collections into the such Collection Account within two Business Days after receipt and application.Period; and
(fii) Pending deposit into the Collection Account, amounts collected by Advance Reimbursement Amounts that the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own fundsis permitted to retain pursuant to Section 4.3(b).
Appears in 2 contracts
Samples: Servicing Supplement (Ford Credit Auto Lease Trust 2013-B), Servicing Agreement (Ford Credit Auto Lease Trust 2013-B)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “F1” or better by Fitch and at least “A-1” or better by Standard & Poor’s (this rating requirement, the “Monthly Deposit Remittance Required Ratings”), Ford Credit may deposit remit 2014-B Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Remittance Required Ratings or a Servicer Termination Event of Default occurs, the Servicer will remit to the Exchange Note Collection Account:
(i) on the Closing Exchange Note Issuance Date, an amount equal to the Servicer will deposit into sum of (A) the Collection Account Cutoff Date Payahead Amount and (B) all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) that are Posted during the period from and including the Cutoff Date until two to and including the second Business Days Day preceding the 2014-B Closing Date; and;
(ii) on and after following the Closing Exchange Note Issuance Date, Ford Credit will deposit into the Collection Account an amount equal to all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) within two Business Days after the Posting Date for those amounts (including any such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, exceeds the amounts deposited pursuant to Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to such excess into the Collection Account Posted on the Business Day preceding such the Exchange Note Issuance Date and on the Exchange Note Issuance Date); and
(iii) all Administrative Reallocation Amounts, Active Lease Advances, Payment Extension Fees and Recoveries received in any Collection Period no later than the Business Day preceding the following Payment Date or, with satisfaction of the Rating Agency Condition, on such the following Payment Date. If, for any Payment Date.
(c) Pending deposit in the Exchange Note Collection Account, the amounts deposited pursuant Servicer is not required to Section 4.3(b) for the related Collection Period exceed the sum of (i) segregate 2014-B Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c)Payaheads from its own funds.
(d) So long as Ford Credit remains the Servicer, Ford Credit, as Servicer, may make the deposits and payments required by this Section 4.3 4.2(a) net of of:
(i) Reference Pool Servicing Fees to be paid distributed under Section 3.8(a) to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.that Collection Period; and
(eii) If Ford Credit (or a successor of Ford Credit pursuant to Section 6.4) is not the Servicer, Advance Reimbursement Amounts that the Servicer will be required is permitted to deposit Collections into the Collection Account within two Business Days after receipt and applicationretain under Section 4.3(b).
(f) Pending deposit into the Collection Account, amounts collected by the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own funds.
Appears in 2 contracts
Samples: Servicing Supplement (Ford Credit Auto Lease Trust 2014-B), Servicing Supplement (Ford Credit Auto Lease Trust 2014-B)
Deposits and Payments. (a) If Ford Credit’s short term unsecured debt is rated at least “F1” or better by Fitch and at least “A-1” or better by Standard & Poor’s (this rating requirement, the “Monthly Deposit Remittance Required Ratings”), Ford Credit may deposit remit 20__-_ Collections on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Date.
(b) If Ford Credit’s short term unsecured debt is not rated at least equal to the Monthly Deposit Remittance Required Ratings or a Servicer Termination Event of Default occurs, the Servicer will remit to the Exchange Note Collection Account:
(i) on the Closing Exchange Note Issuance Date, an amount equal to the Servicer will deposit into sum of (A) the Collection Account Cutoff Date Payahead Amount and (B) all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) that are Posted during the period from and including the Cutoff Date until two to and including the second Business Days Day preceding the 20__-_ Closing Date; and;
(ii) on and after following the Closing Exchange Note Issuance Date, Ford Credit will deposit into the Collection Account an amount equal to all amounts received Active Lease Proceeds, Terminating Lease Proceeds and applied as interest or principal on the Receivables Closed Lease Proceeds (in accordance with the Credit and Collection Policy each case excluding Recoveries) within two Business Days after the Posting Date for those amounts (including any such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, exceeds the amounts deposited pursuant to Section 4.3(b) for the related Collection Period, Ford Credit will deposit an amount equal to such excess into the Collection Account Posted on the Business Day preceding such the Exchange Note Issuance Date and on the Exchange Note Issuance Date); and
(iii) all Administrative Reallocation Amounts, Active Lease Advances, Payment Extension Fees and Recoveries received in any Collection Period no later than the Business Day preceding the following Payment Date or, with satisfaction of the Rating Agency Condition, on such the following Payment Date. If, for any Payment Date.
(c) Pending deposit in the Exchange Note Collection Account, the amounts deposited pursuant Servicer is not required to Section 4.3(b) for the related Collection Period exceed the sum of (i) segregate 20__-_ Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c)Payaheads from its own funds.
(d) So long as Ford Credit remains the Servicer, Ford Credit, as Servicer, may make the deposits and payments required by this Section 4.3 4.2(a) net of of:
(i) Reference Pool Servicing Fees to be paid distributed under Section 3.8(a) to Ford Credit. Nonetheless, the Servicer will account for all of the above described deposits and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separately.that Collection Period; and
(eii) If Ford Credit (or a successor of Ford Credit pursuant to Section 6.4) is not the Servicer, Advance Reimbursement Amounts that the Servicer will be required is permitted to deposit Collections into the Collection Account within two Business Days after receipt and applicationretain under Section 4.3(b).
(f) Pending deposit into the Collection Account, amounts collected by the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own funds.
Appears in 1 contract
Samples: Servicing Supplement (CAB West LLC)
Deposits and Payments.
(aA) If Ford Credit’s short term unsecured The Qualified Issuer shall ensure that debt is rated service or prepayments on the Bond Loan, and other payments received from an Eligible CDFI pursuant to the Bond Loan Documents are received by the Master Servicer/Trustee at least “F1” by Fitch and at least “A-1” by Standard & Poor’s thirty (this rating requirement, the “Monthly Deposit Required Ratings”), Ford Credit may deposit Collections 30) days prior to any payment of principal and/or interest on the Business Day preceding each Payment Date, or with satisfaction of the Rating Agency Condition, on each Payment Datea Bond.
(bB) If Ford Credit’s short term unsecured The Master Servicer/Trustee shall deposit debt service or prepayments on the Bond Loan, other payments received from an Eligible CDFI pursuant to the Bond Loan documents, and any investment income derived from the corresponding accounts or subaccounts, in the accounts and subaccounts of the Revenue Fund. All monies in the applicable Revenue Account shall be paid by the Master Servicer/Trustee at such time as is not rated at least required in the Bond Documents and in the following order of priority: FIRST, to the particular sub-account of the Interest Account relating to the Bond issued to fund the Bond Loan made to finance such Eligible Purpose, the amount necessary to make the amount on deposit therein equal to the Monthly Deposit Required Ratings total amount of interest in respect of the Bonds required to have been paid by the Eligible CDFI under the Bond Loan Agreement through such date (less any prior withdrawals to pay interest on such Bonds); SECOND, to the particular sub-account of the Principal Account relating to the Bond issued to fund the Bond Loan made to finance such Eligible Purpose, the amount necessary to make the amount on deposit therein equal to the total amount of principal in respect of the Bonds required to have been paid by the Eligible CDFI under the Bond Loan Agreement through such date (less any prior withdrawals to pay principal on such Bonds); THIRD, to the particular sub-account of the Redemption Account relating to the Bond issued to fund the Bond Loan made to finance such Eligible Purpose, the amount of principal and accrued interest paid by the Eligible CDFI under the Bond Loan Agreement identified as being paid for mandatory or optional prepayment of Bonds; FOURTH, to the Guarantor if there has been a Servicer Termination Event occurs:
(i) payment under the Guarantee, the amount paid due to the respective Eligible CDFI’s default except that if the available amount is insufficient to cover such amount, the available amount shall be applied towards such payment and the balance shall be collected under the order specified within this Section 402 from the next payment of Revenues attributable to the Eligible CDFI whose default resulted in the draw on the Closing DateGuarantee; FIFTH, to the Servicer will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy during the period extent there has been a withdrawal from the Cutoff Date until two Business Days preceding particular account of the Closing DateRisk-Share Pool Fund relating to a Bond due to the respective Eligible CDFI’s default, an amount to replenish such account of the Risk-Share Pool Fund; and
(ii) on and after provided that if funds were drawn from accounts of the Closing Date, Ford Credit will deposit into the Collection Account all amounts received and applied as interest or principal on the Receivables in accordance with the Credit and Collection Policy within two Business Days after such application.
(c) If Ford Credit is the Servicer and for any Payment Date, the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, exceeds the amounts deposited Risk-Share Pool Fund relating to other Bonds pursuant to Section 4.3(b403(d) for hereof, such other accounts of the related Collection PeriodRisk-Share Pool shall be replenished prior to replenishment of the account relating to the defaulting Eligible CDFI; SIXTH, Ford Credit will deposit to the Relending Account, pursuant to Section 308 hereof; SEVENTH, to the Qualified Issuer, an amount equal to such excess into the Collection Account on Qualified Issuer Fee; and EIGHTH, to the Business Day preceding such Payment Date orCDFI Fund, with satisfaction of the Rating Agency Condition, on such Payment Date. If, for any Payment Date, the amounts deposited pursuant to Section 4.3(b) for the related Collection Period exceed the sum of (i) Collections for the related Collection Period, plus (ii) Purchase Amounts for such Payment Date, the Indenture Trustee will pay to Ford Credit an amount equal to such excess within two Business Days of Ford Credit’s request, but in no event later than such Payment Date. Upon the Indenture Trustee’s request, Ford Credit will provide the Indenture Trustee reasonable support for Ford Credit’s calculation of the amounts to be deposited or paid pursuant to this Section 4.3(c)Agency Administrative Fee.
(dC) Ford Credit may The Qualified Issuer shall advise the Master Servicer/Trustee at least ten (10) days prior to a scheduled principal and/or interest payment due to the Bondholders that such payments are due. The Master Servicer/Trustee shall transfer from the Revenue Account to the Principal Account and the Interest Account the amounts necessary to make scheduled principal and interest payments to the deposits Bondholders within five (5) days prior to such scheduled date. On the principal and payments required by this Section 4.3 net of Servicing Fees to be paid to Ford Credit. Nonethelessinterest payment date, the Servicer will account for Master Servicer/Trustee then shall pay to the Bondholders all of principal and interest due to such Bondholder under the above described deposits Bond Trust Indenture from the Principal Account and payments in the Monthly Investor Report as if the amounts were deposited and/or paid separatelyInterest Account, respectively.
(eD) If Ford Credit If, after all amounts due and payable under each Bond, and all amounts (if any) due and payable under each Reimbursement Note, have been paid in full, there are any funds remaining in the Principal Account or the Interest Account, such funds shall be paid in the following order of priority: FIRST, to make payment on the principal and interest of any Bond Loan; SECOND, to replenish the Risk-Share Pool Fund for any withdrawals due to a successor of Ford Credit pursuant delinquency or default; THIRD, to Section 6.4) is not reimburse the ServicerGuarantor for any payment under the Guarantee for such a delinquency or default; and FOURTH, to the Servicer will be required to deposit Collections into the Collection Account within two Business Days after receipt and applicationapplicable Eligible CDFI.
(fE) Pending deposit into Any money earned from the Collection investment of funds in the Revenue Account, amounts collected the Principal Account or the Interest Account shall be paid in the following priority: FIRST, to replenish the Risk-Share Pool Fund if a delinquency or default on a Bond Loan results in funds being withdrawn from the Risk-Share Pool Fund by the Servicer may be used by Guarantor to pay principal and/or interest on Bonds; SECOND, to the Servicer at its own risk Guarantor to the extent there has been a funding under the Guarantee; and for its own benefit THIRD, to the Principal and will not be segregated from its own fundsInterest Accounts.
Appears in 1 contract
Samples: Agreement to Guarantee