Common use of Excess Finance Charges Clause in Contracts

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of all outstanding Series in Group One that the related Supplements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related Supplements) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____-__ in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____-__ for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The "Finance Charge Shortfall" for Series ____-__ for any Distribution Date shall be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections 4.5(a), 4.5(b), 4.5(c) and 4.7 (except for subsection 4.7(l)(2)) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Available Funds with respect to the related Monthly Period.

Appears in 1 contract

Samples: Series Supplement (Fleet Bank National Association /Ri/)

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Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates Transferors' Interest an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____2003-__ A in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____2003-__ A for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charges" for Series 2003-A for any Distribution Date shall be specified in the Transfer Agreement as the Series 2003-A Excess Finance Charge Amount. On each Distribution Date, the Trustee shall deposit in the Collection Account for application in accordance with Section 4.5 of the Agreement, the amount of "Excess Finance Charges" received by the Trustee pursuant to the Transfer Agreement on such date. The "Finance Charge Shortfall" for Series ____2003-__ A for any Distribution Date shall be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections Sections 4.5(a), 4.5(b), 4.5(c) and 4.7 4.7(a) through (except for subsection 4.7(l)(2)j) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Collateral Available Funds with respect to the related Monthly Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates Transferors' Interest an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements ) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____2002-__ C in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____2002-__ C for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charges" for Series 2002-C for any Distribution Date shall be specified in the Transfer Agreement as the Series 2002-C Excess Finance Charge Amount. On each Distribution Date, the Trustee shall deposit in the Collection Account for application in accordance with Section 4.5 of the Agreement, the amount of "Excess Finance Charges" received by the Trustee pursuant to the Transfer Agreement on such date. The "Finance Charge Shortfall" for Series ____2002-__ C for any Distribution Date shall be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections Sections 4.5(a), 4.5(b), 4.5(c) and 4.7 4.7(a) through (except for subsection 4.7(l)(2)j) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Collateral Available Funds with respect to the related Monthly Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements ) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____2000-__ C in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____2000-__ C for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charge ShortfallCharges" for Series ____2000-__ C for any Distribution Date shall be equal to specified in the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections 4.5(a), 4.5(b), 4.5(c) and 4.7 (except for subsection 4.7(l)(2)) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Available Funds with respect to the related Monthly Period.Transfer

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Bank National Association /Ri/)

Excess Finance Charges. On each Distribution Date, (a) ----------------------- the Servicer shall allocate the aggregate amount of all outstanding Series in Group One that the related Supplements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified with respect to the Series in the Supplements for a Group to each Series in Group One such Group, pro rata, in proportion to the Finance Charge Shortfalls, if any, with respect to each such Series and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates Depositor an amount equal to the excess, if any, of (x) the aggregate amount for all outstanding Series in a Group of the amounts which the related Supplements specify are to be treated as "Excess Finance Charges Charges" for such Distribution Date over (y) the aggregate amount for all outstanding Series in such Group One that which the related Supplements specify are "Finance Charge Shortfalls (as defined in the related Supplements) Shortfalls" for such Distribution Date. Excess Finance Charges ; provided, however, that, if, on any -------- ------- Distribution Date, either (i) the Depositor's Amount for any such Distribution Date will be allocated (determined after giving effect to Series ____-__ any Principal Receivables transferred to the Trust on such date and Shared Principal Collections deposited in an amount the Excess Funding Account on such date) is less than or equal to the product of Required Depositor's Interest, or (xii) the aggregate amount of Principal Receivables in the Trust (determined after giving effect to any Principal Receivables transferred to the Trust on such date and any Shared Principal Collections deposited in the Excess Funding Account on such Date) is less than the Required Principal Balance, the Servicer will not distribute to the Depositor any Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____-__ for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined then on deposit in the related Supplements) for all Collection Account that otherwise would be distributed to the Depositor, but shall deposit such funds in the Excess Funding Account; provided further, -------- ------- however, that the sharing of Excess Finance Charges among Series in a Group One for will ------- continue only until such Distribution Date. The "Finance Charge Shortfall" for Series ____-__ for any Distribution Date shall be equal to the excesstime, if any, at which the Depositor shall deliver to the Trustee an Officer's Certificate to the effect that, in the reasonable belief of (a) the full amount required to be paidDepositor, without duplication, pursuant to subsections 4.5(a), 4.5(b), 4.5(c) and 4.7 (except for subsection 4.7(l)(2)) on such Distribution Date over (b) the sum continued sharing of Class A Available Funds, Class B Available Funds and Class C Available Funds Excess Finance Charges among Series in any Group would have adverse regulatory implications with respect to the related Monthly PeriodDepositor. Following the delivery by the Depositor of such an Officer's Certificate to the Trustee there will not be any further sharing of Excess Finance Charges among Series in any Group.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements ) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____1999-__ D in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____1999-__ D for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charges" for Series 1999-D for any Distribution Date shall be specified in the Transfer Agreement. On each Distribution Date, the Trustee shall deposit in the Collection Account for application in accordance with Section 4.5 of the Agreement, the amount of "Excess Finance Charges" received by the Trustee pursuant to the Transfer Agreement on such date. The "Finance Charge Shortfall" for Series ____1999-__ D for any Distribution Date shall be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections Sections 4.5(a), 4.5(b), 4.5(c) and 4.7 4.7(a) through (except for subsection 4.7(l)(2)j) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Collateral Available Funds with respect to the related Monthly Period.

Appears in 1 contract

Samples: Series 1999 D Supplement (Fleet Bank National Association /Ri/)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates Sellers' Interest an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements ) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____2001-__ B in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____2001-__ B for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charges" for Series 2001-B for any Distribution Date shall be specified in the Transfer Agreement. On each Distribution Date, the Trustee shall deposit in the Collection Account for application in accordance with Section 4.5 of the Agreement, the amount of "Excess Finance Charges" received by the Trustee pursuant to the Transfer Agreement on such date. The "Finance Charge Shortfall" for Series ____2001-__ B for any Distribution Date shall be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections Sections 4.5(a), 4.5(b), 4.5(c) and 4.7 4.7(a) through (except for subsection 4.7(l)(2)j) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Collateral Available Funds with respect to the related Monthly Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates Transferors' Interest an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements ) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____-_200_-_ in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____-_200_-_ for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charges" for Series 200_-_ for any Distribution Date shall be specified in the Transfer Agreement. On each Distribution Date, the Trustee shall deposit in the Collection Account for application in accordance with Section 4.5 of the Agreement, the amount of "Excess Finance Charges" received by the Trustee pursuant to the Transfer Agreement on such date. The "Finance Charge Shortfall" for Series ____-_200_-_ for any Distribution Date shall be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections Sections 4.5(a), 4.5(b), 4.5(c) and 4.7 4.7(a) through (except for subsection 4.7(l)(2)j) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Collateral Available Funds with respect to the related Monthly Period.

Appears in 1 contract

Samples: Series Supplement (Fleet Credit Card Master Trust Ii)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements ) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____-__ in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____-__ for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charges" for Series ____-_ for any Distribution Date shall be specified in the Transfer Agreement. On each Distribution Date, the Trustee shall deposit in the Collection Account for application in accordance with Section 4.5 of the Agreement, the amount of "Excess Finance Charges" received by the Trustee pursuant to the Transfer Agreement on such date. The "Finance Charge Shortfall" for Series ____-__ for any Distribution Date shall be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections Sections 4.5(a), 4.5(b), 4.5(c) and 4.7 4.7(a) through (except for subsection 4.7(l)(2)j) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Collateral Available Funds with respect to the related Monthly Period.

Appears in 1 contract

Samples: Series Supplement (Fleet Credit Card Master Trust Ii)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates Transferors' Interest an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements ) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____2002-__ A in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____2002-__ A for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charge ShortfallCharges" for Series ____2002-__ A for any Distribution Date shall be equal to specified in the excessTransfer Agreement as the Series 2002-A Excess Finance Charge Amount. On each Distribution Date, if anythe Trustee shall deposit in the Collection Account for application in accordance with Section 4.5 of the Agreement, the amount of (a) "Excess Finance Charges" received by the full amount required to be paid, without duplication, Trustee pursuant to subsections 4.5(a), 4.5(b), 4.5(c) and 4.7 (except for subsection 4.7(l)(2)) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Available Funds with respect to the related Monthly Period.to

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements ) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____1999-__ C in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____1999-__ C for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charges" for Series 1999-C for any Distribution Date shall be specified in the Transfer Agreement. On each Distribution Date, the Trustee shall deposit in the Collection Account for application in accordance with Section 4.5 of the Agreement, the amount of "Excess Finance Charges" received by the Trustee pursuant to the Transfer Agreement on such date. The "Finance Charge Shortfall" for Series ____1999-__ C for any Distribution Date shall be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections Sections 4.5(a), 4.5(b), 4.5(c) and 4.7 4.7(a) through (except for subsection 4.7(l)(2)j) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Collateral Available Funds with respect to the related Monthly Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Bank National Association /Ri/)

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Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of all outstanding Series in Group One that the related Supplements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified with respect to the Series in the Supplements for a Group to each Series in Group One such Group, pro rata, in proportion to the Finance Charge Shortfalls, if any, with respect to each such Series and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates Depositor an amount equal to the excess, if any, of (x) the aggregate amount for all outstanding Series in a Group of the amounts which the related Supplements specify are to be treated as "Excess Finance Charges Charges" for such Distribution Date over (y) the aggregate amount for all outstanding Series in such Group One that which the related Supplements specify are "Finance Charge Shortfalls (as defined in the related Supplements) Shortfalls" for such Distribution Date. Excess Finance Charges for ; provided, however, that, if, on any Distribution Date, either (i) the Depositor's Amount for such Distribution Date will be allocated (determined after giving effect to Series ____-__ any Principal Receivables transferred to the Trust on such date and Shared Principal Collections deposited in an amount the Excess Funding Account on such date) is less than or equal to the product of Required Depositor's Interest, or (xii) the aggregate amount of Principal Receivables in the Trust (determined after giving effect to any Principal Receivables transferred to the Trust on such date and any Shared Principal Collections deposited in the Excess Funding Account on such Date) is less than the Required Principal Balance, the Servicer will not distribute to the Depositor any Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____-__ for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined then on deposit in the related Supplements) for all Collection Account that otherwise would be distributed to the Depositor, but shall deposit such funds in the Excess Funding Account; provided further, however, that the sharing of Excess Finance Charges among Series in a Group One for will continue only until such Distribution Date. The "Finance Charge Shortfall" for Series ____-__ for any Distribution Date shall be equal to the excesstime, if any, at which the Depositor shall deliver to the Trustee an Officer's Certificate to the effect that, in the reasonable belief of (a) the full amount required to be paidDepositor, without duplication, pursuant to subsections 4.5(a), 4.5(b), 4.5(c) and 4.7 (except for subsection 4.7(l)(2)) on such Distribution Date over (b) the sum continued sharing of Class A Available Funds, Class B Available Funds and Class C Available Funds Excess Finance Charges among Series in any Group would have adverse regulatory implications with respect to the related Monthly PeriodDepositor. Following the delivery by the Depositor of such an Officer's Certificate to the Trustee there will not be any further sharing of Excess Finance Charges among Series in any Group.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Asset Backed Securities Corp)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates Transferors' Interest an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements ) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____2002-__ B in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____2002-__ B for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charge ShortfallCharges" for Series ____2002-__ B for any Distribution Date shall be equal to specified in the excessTransfer Agreement as the Series 2002-B Excess Finance Charge Amount. On each Distribution Date, if anythe Trustee shall deposit in the Collection Account for application in accordance with Section 4.5 of the Agreement, the amount of (a) "Excess Finance Charges" received by the full amount required to be paid, without duplication, Trustee pursuant to subsections 4.5(a), 4.5(b), 4.5(c) and 4.7 (except for subsection 4.7(l)(2)) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Available Funds with respect to the related Monthly Period.to

Appears in 1 contract

Samples: Series 2002 B Supplement (Fleet Credit Card Master Trust Ii)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements ) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____2000-__ D in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____2000-__ D for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charges" for Series 2000-D for any Distribution Date shall be specified in the Transfer Agreement. On each Distribution Date, the Trustee shall deposit in the Collection Account for application in accordance with Section 4.5 of the Agreement, the amount of "Excess Finance Charges" received by the Trustee pursuant to the Transfer Agreement on such date. The "Finance Charge Shortfall" for Series ____2000-__ D for any Distribution Date shall be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections Sections 4.5(a), 4.5(b), 4.5(c) and 4.7 4.7(a) through (except for subsection 4.7(l)(2)j) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Collateral Available Funds with respect to the related Monthly Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of all outstanding Series in Group One that the related Supplements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified with respect to the Series in the Supplements for a Group to each Series in Group One such Group, pro rata, in proportion to the Finance Charge Shortfalls, if any, with respect to each such Series and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates Depositor an amount equal to the excess, if any, of (x) the aggregate amount for all outstanding Series in a Group of the amounts which the related Supplements specify are to be treated as "Excess Finance Charges Charges" for such Distribution Date over (y) the aggregate amount for all outstanding Series in such Group One that which the related Supplements specify are "Finance Charge Shortfalls (as defined in the related Supplements) Shortfalls" for such Distribution Date. Excess Finance Charges for ; PROVIDED, HOWEVER, that, if, on any Distribution Date, either (i) the Depositor's Amount for such Distribution Date will be allocated (determined after giving effect to Series ____-__ any Principal Receivables transferred to the Trust on such date and Shared Principal Collections deposited in an amount the Excess Funding Account on such date) is less than or equal to the product of Required Depositor's Interest, or (xii) the aggregate amount of Principal Receivables in the Trust (determined after giving effect to any Principal Receivables transferred to the Trust on such date and any Shared Principal Collections deposited in the Excess Funding Account on such Date) is less than the Required Principal Balance, the Servicer will not distribute to the Depositor any Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____-__ for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined then on deposit in the related Supplements) for all Collection Account that otherwise would be distributed to the Depositor, but shall deposit such funds in the Excess Funding Account; PROVIDED FURTHER, HOWEVER, that the sharing of Excess Finance Charges among Series in a Group One for will continue only until such Distribution Date. The "Finance Charge Shortfall" for Series ____-__ for any Distribution Date shall be equal to the excesstime, if any, at which the Depositor shall deliver to the Trustee an Officer's Certificate to the effect that, in the reasonable belief of (a) the full amount required to be paidDepositor, without duplication, pursuant to subsections 4.5(a), 4.5(b), 4.5(c) and 4.7 (except for subsection 4.7(l)(2)) on such Distribution Date over (b) the sum continued sharing of Class A Available Funds, Class B Available Funds and Class C Available Funds Excess Finance Charges among Series in any Group would have adverse regulatory implications with respect to the related Monthly PeriodDepositor. Following the delivery by the Depositor of such an Officer's Certificate to the Trustee there will not be any further sharing of Excess Finance Charges among Series in any Group.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Ace Securities Corp)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates Sellers' Interest an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements ) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____2001-__ A in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____2001-__ A for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charges" for Series 2001-A for any Distribution Date shall be specified in the Transfer Agreement. On each Distribution Date, the Trustee shall deposit in the Collection Account for application in accordance with Section 4.5 of the Agreement, the amount of "Excess Finance Charges" received by the Trustee pursuant to the Transfer Agreement on such date. The "Finance Charge Shortfall" for Series ____2001-__ A for any Distribution Date shall be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections Sections 4.5(a), 4.5(b), 4.5(c) and 4.7 4.7(a) through (except for subsection 4.7(l)(2)j) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Collateral Available Funds with respect to the related Monthly Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (yx) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related Supplements) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____1999-__ A in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____1999-__ A for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The "Finance Charge Shortfall" for Series ____1999-__ A for any Distribution Date shall be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections Sections 4.5(a), 4.5(b), 4.5(c) and 4.7 (except for subsection 4.7(l)(2)a) through (k) on such Distribution Date over (b) the sum of the Class A Available Funds, Class B Available Funds and Class C Available Funds with respect to the related Monthly Period.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fleet Credit Card Master Trust Ii)

Excess Finance Charges. On each Distribution Date, (a) the Servicer shall allocate the aggregate amount of for all outstanding Series in Group One that the related Supplements or Transfer Agreements specify are to be treated as a portion of Excess Finance Charges for such Distribution Date (collectively, "Excess Finance Charges") as specified in the Supplements or Transfer Agreements for each Series in Group One and (b) the Servicer shall withdraw (or shall instruct the Trustee in writing to withdraw) from the Collection Account and pay to the Holders of the Seller Certificates Sellers' Interest an amount equal to the excess, if any, of (x) the Excess Finance Charges for such Distribution Date over (y) the aggregate amount for all Series in Group One that the related Supplements specify are Finance Charge Shortfalls (as defined in the related SupplementsSupplements or Transfer Agreements) for such Distribution Date. Excess Finance Charges for any Distribution Date will be allocated to Series ____2001-__ C in an amount equal to the product of (x) the aggregate amount of Excess Finance Charges for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series ____2001-__ C for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls (as defined in the related Supplements) for all the Series in Group One for such Distribution Date. The amount of "Excess Finance Charges" for Series 2001-C for any Distribution Date shall be specified in the Transfer Agreement. On each Distribution Date, the Trustee shall deposit in the Collection Account for application in accordance with Section 4.5 of the Agreement, the amount of "Excess Finance Charges" received by the Trustee pursuant to the Transfer Agreement on such date. The "Finance Charge Shortfall" for Series ____2001-__ C for any Distribution Date shall be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections Sections 4.5(a), 4.5(b), 4.5(c) and 4.7 4.7(a) through (except for subsection 4.7(l)(2)j) on such Distribution Date over (b) the sum of Class A Available Funds, Class B Available Funds and Class C Collateral Available Funds with respect to the related Monthly Period.

Appears in 1 contract

Samples: Series 2001 C Supplement (Fleet Credit Card Master Trust Ii)

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