Common use of Determinations of the Master Servicer Clause in Contracts

Determinations of the Master Servicer. On each Determination Date, the Master Servicer will determine: (a) the Net Value of all Purchased Receivables which have become Rejected Receivables since the prior Purchase Date (the “Rejected Receivable Amount”); (b) the amount of Collections up to the Purchase Price of all Purchased Receivables received since the prior Determination Date (the “Paid Receivables Amount”); (c) the Net Value of all Purchased Receivables which have become Defaulted Receivables since the prior Purchase Date (the “Defaulted Receivable Amount”); (d) the aggregate amount deposited in the Lockbox Account in excess of the Purchase Price of each Purchased Receivable, including Collections pertaining to Receivables not purchased under this Agreement, since the prior Determination Date (the “Excess Collection Amount”); and (e) the Net Value of all Purchased Receivables less the Rejected Receivable Amount and the Defaulted Receivable Amount as of the current Determination Date (the “Current Net Value Amount”). The Master Servicer’s determinations of the foregoing amounts shall be conclusive in the absence of manifest error. The Master Servicer shall provide to Seller and Purchaser on a monthly basis a settlement statement setting forth the determinations made by it under this Section 5.3. The Master Servicer shall timely notify the Purchaser and Seller of such determinations.

Appears in 3 contracts

Samples: Receivables Sales Agreement (Trinsic, Inc.), Factoring and Security Agreement (Cordia Corp), Factoring and Security Agreement (Cordia Corp)

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Determinations of the Master Servicer. On each Determination Date, the Master Servicer will determine: (a) the Net Value of all Purchased Receivables which have become Rejected Receivables since the prior Purchase Date (the "Rejected Receivable Amount"); (b) the amount of Collections up to the Purchase Price of all Purchased Receivables received since the prior Determination Date (the "Paid Receivables Amount"); (c) the Net Value of all Purchased Receivables which have become Defaulted Receivables since the prior Purchase Date (the "Defaulted Receivable Amount"); (d) the aggregate amount deposited in the Lockbox Collection Account in excess of the Purchase Price of each Purchased Receivable, including Collections pertaining to Receivables not purchased under this Agreement, Receivable since the prior Determination Date (the "Excess Collection Amount"); and (e) the Net Value of all Purchased Receivables less the Rejected Receivable Amount and the Defaulted Receivable Amount as of the current Determination Date (the “Current Net Value Amount”)Date. The Master Servicer’s 's determinations of the foregoing amounts shall be conclusive presumed correct unless later determined to be in error, in which case the absence of manifest errorparty alleging such error must provide the other party with written notification thereof, and any mutually agreed upon and verified variance in such determination shall be corrected in a timely manner. The Master Servicer shall provide to Seller and Purchaser on a monthly basis a settlement statement setting forth the determinations made by it under this Section 5.3. The Master Servicer shall timely notify the Purchaser and Seller of such determinations.

Appears in 1 contract

Samples: Receivables Sale Agreement (Equalnet Holding Corp)

Determinations of the Master Servicer. On each Determination Date, the Master Servicer will determine, in good faith, the following: (a) the Net Value of all Purchased Receivables which have become Rejected Receivables since the prior Purchase Date and the extent to which they have not been repurchased or offset in the manner set forth in Section 4.4 (the "Rejected Receivable Amount"); (b) the amount of Collections up to the Purchase Price of all Purchased Receivables received since the prior Determination Date (the "Paid Receivables Amount"); (c) the Net Value of all Purchased Receivables which to the extent they have become Defaulted Receivables since the prior Purchase Date (the "Defaulted Receivable Amount" or "Credit Deficiency"); (d) the aggregate amount deposited in the Lockbox Collection Account in excess of the Purchase Price of each Purchased Receivable, including Collections pertaining to Receivables not purchased under this Agreement, since the prior Determination Date (the "Excess Collection Amount"); and; (e) the Net Value of all Purchased Receivables less the Rejected Receivable Amount and the Defaulted Receivable Amount as of the current Determination Date Date; and (f) the “Current Net Value Amount”)amount of any accrued and unpaid Program Fee. The Master Servicer’s 's determinations of the foregoing amounts shall be conclusive in the absence of manifest error. The Master Servicer shall provide to Seller and Purchaser on a monthly basis a settlement statement setting forth the determinations made by it under this Section 5.3. The Master Servicer shall timely notify the Purchaser and Seller of such determinations.

Appears in 1 contract

Samples: Receivables Sale Agreement (Yak Communications Usa Inc)

Determinations of the Master Servicer. On each Determination Date, the Master Servicer will determine, in good faith, the following: (a) the Net Value of all Purchased Receivables which have become Rejected Receivables since the prior Purchase Date and which have not been repurchased or offset in the manner set forth in Section 4.4 (the "Rejected Receivable Amount"); (b) the amount of Collections up to the Purchase Price of all Purchased Receivables received since the prior Determination Date (the "Paid Receivables Amount"); (c) the Net Value of all Purchased Receivables which have become Defaulted Receivables since the prior Purchase Date (the "Defaulted Receivable Amount"); (d) the aggregate amount deposited in the Lockbox Collection Account in excess of the Purchase Price of each Purchased Receivable, including Collections pertaining to Receivables not purchased under this Agreement, since the prior Determination Date (the "Excess Collection Amount"); and (e) the Net Value of all Purchased Receivables less the Rejected Receivable Amount and the Defaulted Receivable Amount as of the current Determination Date (Date. Unless the “Current Net Value Amount”). The Seller disputes any of the foregoing determinations as provided and set forth on a respective purchase certificate delivered by the Purchaser and has delivered notice of such dispute to the Purchaser in writing within twenty days of Seller's receipt of such determinations, the Purchaser's or Master Servicer’s 's determinations of the foregoing amounts shall be conclusive in the absence of manifest error. The Master Servicer shall provide to Seller and Purchaser on a monthly basis a settlement statement setting forth the determinations made by it under this Section 5.3. The Master Servicer shall timely notify the Purchaser and Seller of such determinations.

Appears in 1 contract

Samples: Receivables Sale Agreement (Intellicall Inc)

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Determinations of the Master Servicer. On each Determination Date, the Master Servicer will determine: (a) the Net Value of all Purchased Receivables which have become Rejected Receivables since the prior Purchase Date (the “Rejected Receivable Amount”); (b) the amount of Collections up to the Purchase Price of all Purchased Receivables received since the prior Determination Date (the “Paid Receivables Amount”); (c) the Net Value of all Purchased Receivables which have become Defaulted Receivables since the prior Purchase Date (the “Defaulted Receivable Amount”); (d) the aggregate amount deposited in the Lockbox Account in excess of the Purchase Price of each Purchased Receivable, including Collections pertaining to Receivables not purchased under this Agreement, since the prior Determination Date (the “Excess Collection Amount”); and (e) the Net Value of all Purchased Receivables less the Rejected Receivable Amount and the Defaulted Receivable Amount as of the current Determination Date (the “Current Net Value Amount”). The Master Servicer’s determinations of the foregoing amounts shall be conclusive if determined reasonably and in the absence of manifest errorgood faith. The Master Servicer shall provide to Seller and Purchaser on a monthly basis a settlement statement setting forth the determinations made by it under this Section 5.3. The Master Servicer shall timely notify the Purchaser and Seller of such determinations.

Appears in 1 contract

Samples: Factoring and Security Agreement (Teletouch Communications Inc)

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