Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall be deposited in the Principal Funding Account. In addition, no funds shall be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period. (b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection Period, then, subject to the other provisions of this Section 4.12(b) and to Sections 4.12(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the Required Participation Amount. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday. (c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements. (d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P), Pooling and Servicing Agreement (Distribution Financial Services Floorplan Master Trust), Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall will be deposited in the Collection Account for application as Available Investor Principal Funding AccountCollections. In addition, no funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period.
(b) If (i) on any Determination Date Business Day during the Revolving Period or the Controlled Accumulation Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is Business Day was greater than the Unconcentrated Required Pool Balance at the end of the second preceding Collection Periodsuch Business Day, then, subject to the other provisions of this Section 4.12(b4.11(b) and to Sections 4.12(csubsections (c) and (d)) of this Section 4.11, the Adjusted Invested Amount and the adjusted invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods or, if applicable, their amortization or accumulation periods shall be increased such that, after giving effect to such increases, the Required Participation Amount Pool Balance is at least equal to the Unconcentrated Pool Balance. On each such Determination Date, Business Day the Servicer shall notify the Trustee in writing of the amount, if any, of such increase in the Adjusted Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay (or otherwise make available) to the Seller Holder(s) of the BCRC Certificate and any Supplemental Certificate(s), pro rata in accordance with the respective percentage interests thereof, or allocate to one or more other SeriesSeries which are in amortization, early amortization or accumulation periods, on the immediately succeeding Distribution Datesuch Business Day, an amount equal to the amount of such increase in the Adjusted Invested Amount. Such payment to the Holder(s) of the BCRC Certificate and any Supplemental Certificate(s) shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to the Certificates. To the extent that the Adjusted Invested Amount is increased by any payment to the Seller Holder(s) of the BCRC Certificate and any Supplemental Certificate(s) or any allocation to one or more other SeriesSeries which are in amortization, early amortization or accumulation periods, the Seller's Interest Retained Participation Amount or such other Series' adjusted invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the Required Participation Amount. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Adjusted Invested Amount and the adjusted invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding accounts or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangementsavailable.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the SellerHolder(s) of the BCRC Certificate and any Supplemental Certificate(s). In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such SeriesSeries Supplement, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the SellerHolder(s) of the BCRC Certificate and any Supplemental Certificate(s).
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Bombardier Credit Receivables Corp), Pooling and Servicing Agreement (Bombardier Receivables Master Trust I), Pooling and Servicing Agreement (Bombardier Credit Receivables Corp)
Excess Funding Account. (a) Any On the Distribution Date next following the end of the revolving period for a series of Notes, any funds (other than investment earnings) on deposit in the Excess Funding Account at that are allocable to such series of Notes shall be distributed to the beginning Indenture Trustee for application under the Indenture Supplement for such series of Notes.
(b) On each Determination Date, the Seller shall determine whether the sum of the Accumulation Period or upon Invested Amount, the occurrence of an Early Amortization Event shall be deposited in the Principal Funding Account. In addition, no funds shall be deposited amount on deposit in the Excess Funding Account during (other than any Investment Proceeds) and the Accumulation Period or any Early Amortization Period.
(b) If (i) amount on any Determination Date during the Revolving Period there are any funds deposit in the Excess Funding Account and principal funding accounts for all series of Notes (iiother than any investment earnings) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at aggregate outstanding dollar principal amount of all series of Notes plus the end aggregate overcollateralization amount for all series of Notes. If on any such Determination Date such sum is greater than the aggregate outstanding principal dollar Amount of all series of Notes plus the aggregate overcollateralization amount for all series of Notes and thus there are sufficient Principal Receivables in the Trust to permit an increase in the Invested Amount without causing an Early Redemption Event to occur with respect to any outstanding series of Notes, the Seller shall notify the Trustee of the second preceding Collection Period, then, subject amount of the increase in the Invested Amount. Subject to the other provisions of set forth below in this Section 4.12(b4.05(b) and to Sections 4.12(c4.05(c) and (d), upon receipt of such notice the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such thatby the amount specified, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, and the Servicer shall notify instruct the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall to withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 2002-CC. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' Series invested amount, as applicable, shall be reduced by the amount of such payment. Such increase in the Invested Amount shall be allocated among each series of Notes (other than any series of Notes that is not in its revolving period) pro rata on the basis of the Series Nominal Liquidation Amounts of such series of Notes. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase (i) the Unconcentrated Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation AmountAmount and (B) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Adjusted Invested Amount bears to the adjusted invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, Series Supplement to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 2 contracts
Samples: Series Supplement Agreement (Daimlerchrysler Master Owner Trust), Series Supplement Agreement (Carco Auto Loan Master Trust)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall or the giving of notice that BCI has elected not to extend the Initial Principal Payment Date will be deposited in the Collection Account for application as Available Investor Principal Funding AccountCollections. In addition, no funds shall will be deposited in the Excess Funding Account during the Accumulation any Early Amortization Period or any Early Initial Amortization Period.
(b) The provisions of this Section 4.11(b) shall apply only prior to ---------------------------------------------------------------- and including the Series 1994-1 Final Payment Date. If (i) on any Determination -------------------------------------------------- Date during the Revolving Period there are any funds in the Excess Funding Account and Account, (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection PeriodPeriod and (iii) the Pool Balance at the end of the preceding Collection Period is greater than the Required Pool Balance as of such Determination Date, then, subject to the other provisions of this Section 4.12(b4.11(b) and to Sections 4.12(csubsections (d) and (d)e) of this Section 4.11, the Adjusted Invested Amount and the adjusted invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount Pool Balance is at least equal to the Unconcentrated Pool Balance. On such Determination Date, Date the Servicer shall notify the Trustee in writing of the amount, if any, of such increase in the Adjusted Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay (or otherwise make available) to the Seller Holder(s) of the BCRC Certificate and any Supplemental Certificate(s), pro rata in accordance --- ---- with the respective percentage interests thereof, or allocate to one or more other SeriesSeries which are in amortization, early amortization or accumulation periods, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Adjusted Invested Amount. Such payment to the Holder(s) of the BCRC Certificate and any Supplemental Certificate(s) shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to the Certificates. To the extent that the Adjusted Invested Amount is increased by any payment to the Seller Holder(s) of the BCRC Certificate and any Supplemental Certificate(s) or any allocation to one or more other SeriesSeries which are in amortization, early amortization or accumulation periods, the Seller's Interest Retained Participation Amount or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the Required Participation Amount. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels The provisions of investments in Principal Receivables, this Section 4.11 (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accountsc) shall be based on apply only after -------------------------------------------------------------- the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.1994-1
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Bombardier Credit Receivables Corp), Pooling and Servicing Agreement (Bombardier Receivables Master Trust I)
Excess Funding Account. (a) Any funds In addition to any other amounts permitted or required to be deposited into the Excess Funding Account pursuant to the Basic Documents, at the direction of the Residual Interestholder to the Servicer, Owner Trustee and Indenture Trustee, any amounts otherwise distributable to the Residual Interestholder pursuant to the terms of this Agreement, the Indenture (including any Series Supplement) and the Trust Agreement, shall be deposited into the Excess Funding Account.
(b) The net proceeds from the issuance of any new Series of Notes or the increase in the Invested Amount of any Series of Notes, first, shall be deposited into the Excess Funding Account such that the Pool Balance is not less than the Required Participation Amount and, second, shall be paid to the Residual Interestholder as provided in the Trust Agreement or, to the extent requested by the Residual Interestholder, deposited into the Excess Funding Account.
(c) Unless an Early Amortization Event shall have occurred, amounts on deposit in the Excess Funding Account may be used to repay the outstanding principal amount of any Series of Notes to the extent required or permitted by the terms of the related Series Supplement.
(d) At the request of the Residual Interestholder any amount held in the Excess Funding Account in excess of the amount required so that the Pool Balance is not less than the Required Participation Amount shall be paid to the Residual Interestholder at the time and to the extent requested by the Residual Interestholder; provided, however, unless the Series Supplement provides otherwise, any such amounts on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall be deposited any time during which any Series is in the Principal Funding Account. In addition, no funds shall be deposited in the Excess Funding Account during the Accumulation Period or any its Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection , Accumulation Period, then, subject to the other provisions of this Section 4.12(b) and to Sections 4.12(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account Controlled Amortization Period or similar arrangement and are in their revolving periods Amortization Period shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the Required Participation Amount. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance deemed to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) Miscellaneous Payment and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such and distributed in accordance with the Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the SellerSupplement.
Appears in 2 contracts
Samples: Trust Sale and Servicing Agreement (Volkswagen Credit Auto Master Owner Trust), Trust Sale and Servicing Agreement (Volkswagen Dealer Finance LLC)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall be deposited in the Principal Funding Account. In addition, no funds shall be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection Period, then, subject to the other provisions of this Section 4.12(b) and to Sections 4.12(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller Transferor or allocate to one or more other Series, on the immediately succeeding Distribution Payment Date, an amount equal to the amount of such increase in the Invested Amount. To the extent that the Invested Amount is increased by any payment to the Seller Transferor or any allocation to one or more other Series, the SellerTransferor's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the Required Participation Amount. In connection with the foregoing, the Seller Transferor shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller Transferor may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the SellerTransferor. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the SellerTransferor.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CDF Financing LLC), Pooling and Servicing Agreement (CDF Financing LLC)
Excess Funding Account. (ai) Any funds on deposit The Indenture Trustee will establish and maintain a Qualified Account in the name of the Indenture Trustee, on behalf of the Issuer, bearing a designation clearly indicating that the funds and other property credited to such Qualified Account are held for the benefit of the Secured Parties (the “Excess Funding Account”). The Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall will initially be deposited in the Principal Funding Accountaccount number 232984. In addition, no funds shall be deposited in the The Excess Funding Account during will be under the Accumulation Period or any Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account sole dominion and (ii) the Unconcentrated Pool Balance at the end control of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection PeriodIndenture Trustee, then, subject to the other provisions of this Section 4.12(b) and to Sections 4.12(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series except that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, the Servicer shall notify may make deposits to and direct the Note Paying Agent or the Indenture Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the Required Participation Amount. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account in accordance with the Sale and Servicing Agreements, this Indenture and the excess funding accounts or similar arrangements for other Series Indenture Supplements.
(ii) On each Deposit Date on a daily or weekly basis during a Collection Period by giving which the Trustee notice of such election at least two Business Days and no more Net Adjusted Pool Balance is less than five Business Days prior the Required Pool Balance, the Depositors will instruct the Servicer to deposit funds, otherwise allocable to the commencement holders of such daily or weekly withdrawals. If such election is madethe Depositor Interest, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for up to the related Collection Periodamount of such deficiency. If such election is for withdrawals on a daily basisIn addition, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be holders of the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to Depositor Interest may transfer additional funds into the Excess Funding Account involving fluctuating levels of investments to make up for such deficiencies. On each Deposit Date on which funds are in Principal Receivablesthe Excess Funding Account, (i) the allocation of additional Principal Receivables Servicer will determine the amount, if any, by which the Net Adjusted Pool Balance exceeds the Required Pool Balance and, if so directed by the Depositors, will instruct the Indenture Trustee to increase the Invested Amount and the invested amounts of withdraw any such other Series (and the related withdrawals excess from the Excess Funding Account and distribute such excess to the other excess funding Depositor Interest Account for distribution to the holders of the Depositor Interest in accordance with the Trust Agreement.
(iii) During the Accumulation Period or similar accounts) shall be based on the proportion that the amount on deposit Amortization Period for any Series funds in the Excess Funding Account bears will be made available as Shared Principal Collections to amounts on deposit any Series that is in the excess funding accounts (including the Excess Funding Accountits Accumulation Period or Amortization Period and will be allocated and distributed in accordance with Section 8.5(b) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangementsrelated Indenture Supplements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 2 contracts
Samples: Indenture (Ford Credit Floorplan LLC), Indenture (Ford Credit Floorplan Corp)
Excess Funding Account. Amounts on deposit in the Excess Funding Account on any Business Day will be invested by the Servicer (aor, at the direction of the Transferor, by the Trustee) on behalf of the Transferor in Cash Equivalents which shall mature and be available on or before the next Business Day on which amounts may be released from the Excess Funding Account. Earnings from such investments received shall be deposited in the Collection Account and treated as Finance Charge Collections. Any investment instructions to the Trustee shall be in writing and shall include a certification that the proposed investment is a Cash Equivalent that matures on or prior to the date required by this Agreement. If on any Business Day the Transferor Amount is greater than the Minimum Transferor Amount, amounts on deposit in the Excess Funding Account may, at the option of the Trans- feror, be released to the Holder of the Exchangeable Transferor Certificate. On the first Business Day of the Amortization Period for any Series, funds on deposit in the Excess Funding Account will be deposited by the Servicer, or by the Trustee at the written direction of the Servicer, in the Principal Account for the benefit of such Series to the extent of the lesser of (x) the Invested Amount of such Series and (y) the product of (i) the product of (A) 100% minus the Transferor Percentage and (B) the amount on deposit in the Excess Funding Account at the beginning of such Amortization Period and (ii) the Accumulation Period or upon the occurrence of an Early Amortization Event shall be deposited in the Principal Excess Funding AccountAccount Percentage for such Series. In addition, no Any funds shall be deposited in the Excess Funding Account during on any subsequent day will be allocated to Investor Certificates of each Series in an Amortization Period to the Accumulation Period extent that Default Amounts allocated to the Transferor Interest or adjustments as described in Section 3.8 would cause the Transferor Amount to be less than the Minimum Transferor Amount and, with respect to any Early Amortization Period.
(b) If credit adjustment, the Transferor has not made an Adjustment Payment to the Excess Funding Account, in an amount equal to the least of (i) on any Determination Date during the Revolving Period there are any product of (A) such reduction below the Minimum Transferor Amount and (B) the Excess Funding Account Percentage for such Series, (ii) the product of (A) the amount of funds available in the Excess Funding Account and (iiB) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection Period, then, subject to the other provisions of this Section 4.12(b) and to Sections 4.12(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account Percentage and pay to (iii) the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount Adjusted Invested Amount of such increase in the Invested Amount. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the Required Participation Amount. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Federated Department Stores Inc /De/)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at on the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall September 2002 Distribution Date will be deposited in the Principal Funding AccountAccount on such date. In addition, no No funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period. Additionally, no amounts will be deposited in the Excess Funding Account with respect to any Collection Period following the March 2003 Collection Period.
(b) If (i) on any On each Determination Date during any Nonprincipal Period, the Revolving Period there are any funds Seller shall determine whether the sum of the Invested Amount (reduced for this purpose by the amount, if any, by which the Required Participation Amount exceeds the Pool Balance due to an increase in the Subordination Factor) and the amount on deposit in the Excess Funding Account and (iiother than any Investment Proceeds) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end outstanding principal balance of the second preceding Collection PeriodSeries 2000-B Certificates. If on any such Determination Date such sum is greater than the outstanding principal balance of the Series 2000-B Certificates and thus there are sufficient Principal Receivables in the Trust to permit an increase in the Invested Amount without causing an Early Amortization Event to occur with respect to any outstanding Series, then, subject the Seller shall notify the Trustee of the amount of the increase in the Invested Amount. Subject to the other provisions of set forth below in this Section 4.12(b) and to Sections 4.12(c) and (d)) below, upon receipt of such notice the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such thatby the amount specified, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, and the Servicer shall notify instruct the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall to withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 2000-B. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' Series invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase (i) the Unconcentrated Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation Amount, (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount Amount, and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Adjusted Invested Amount bears to the adjusted invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization periodamortization, early amortization period or accumulation period, period the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.from
Appears in 1 contract
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at on the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall March 2004 Distribution Date will be deposited in the Principal Funding AccountAccount on such date. In addition, no funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Reinvestment Period, any Early Amortization Period or with respect to any Collection Period following the February 2004 Collection Period.
(b) If (i) on any On each Determination Date during the Revolving Period there are any funds or the Controlled Amortization Period (prior to the February 2004 Collection Period), the Seller shall determine whether the sum of the Invested Amount (reduced for this purpose by the amount, if any, by which the Required Participation Amount exceeds the Pool Balance due to an increase in the Subordination Factor) and the amount on deposit in the Excess Funding Account and (iiother than any Investment Proceeds) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end outstanding principal balance of the second preceding Collection PeriodSeries 1997-1 Certificates. If on any such Determination Date such sum is greater than the outstanding principal balance of the Series 1997-1 Certificates and thus there are sufficient Principal Receivables in the Trust to permit an increase in the Invested Amount without causing an early amortization event or reinvestment event to occur with respect to any outstanding Series, then, subject the Seller shall notify the Trustee of the amount of the increase in the Invested Amount. Subject to the other provisions of set forth below in this Section 4.12(b) and to Sections 4.12(c) and (d)) below, upon receipt of such notice the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such thatby the amount specified, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, and the Servicer shall notify instruct the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall to withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 1997-1. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase (i) the Unconcentrated Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation Amount, (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Adjusted Invested Amount bears to the adjusted invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization periodamortization, early amortization period amortization, reinvestment or accumulation period, period the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization periodamortization, early amortization period amortization, reinvestment or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, Series Supplement to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Carco Auto Loan Master Trust)
Excess Funding Account. (a) Any funds on deposit ---------------------- in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall will be deposited in the Principal Funding Account. In addition, no funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection Period, then, subject to the other provisions of this Section 4.12(b4.13(b) and to Sections 4.12(c4.13(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, Date the Master Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller Transferor or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series (_). To the extent that the Invested Amount is increased by any payment to the Seller Transferor or any allocation to one or more other Series, the SellerTransferor's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the sum of (A) the Required Participation AmountAmount (exclusive of the amount in clause (b) of the definition thereof), (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of the Swap Available Subordinated Amount and any other subordinated amounts supporting any other Enhancement for all other Series. In connection with the foregoing, the Seller Transferor shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller Transferor may elect to make such withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy ----- in full any then applicable funding or payment requirements of such Series and second to make a payment to the SellerTransferor. In the event that more than ------ one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such SeriesSeries Supplement, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable ----- funding or payment requirements of each such Series and second to make a ------ payment to the SellerTransferor.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ford Credit Auto Receivables LLC)
Excess Funding Account. (a) In addition to any other amounts permitted or required to be deposited into the Excess Funding Account pursuant to the Basic Documents, at the direction of any Certificateholder to the Servicer, Owner Trustee and Indenture Trustee, any amounts otherwise distributable to such Certificateholder pursuant to the terms of this Agreement, the Indenture (including any Series Supplement) and the Trust Agreement, shall be deposited into the Excess Funding Account.
(b) The net proceeds from any increase in the principal amount of any Series of Notes shall be deposited into the Excess Funding Account in an amount equal to the excess of the Required Pool Balance over the Pool Balance. The remainder of such funds may be distributed to the Certificateholders as provided in the Trust Agreement or, to the extent requested by any Certificateholder, the amount otherwise distributable to such Certificate shall be deposited into the Excess Funding Account.
(c) Unless an Early Amortization Event shall have occurred, amounts on deposit in the Excess Funding Account may be used to repay the outstanding principal amount of any Series of Notes to the extent required or permitted by the terms of the related Series Supplement.
(d) Any funds amount held in the Excess Funding Account in excess of the amount required so that the Pool Balance is not less than the Required Pool Balance shall be paid to the Certificateholders as provided in the Trust Agreement or, to the extent requested by any Certificateholder, the amount otherwise payable to such Certificateholder shall be retained in the Excess Funding Account at the time and to the extent requested by the Certificateholders; provided, however, that amounts on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall be deposited any time during which any Series is in the Principal Funding Account. In addition, no funds shall be deposited in the Excess Funding Account during the Accumulation Period or any its Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection , Accumulation Period, thenControlled Amortization Period, subject to the other provisions of this Section 4.12(b) and to Sections 4.12(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account Amortization Period or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the Required Participation Amount. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Investment Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such and distributed in accordance with the Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the SellerSupplement.
Appears in 1 contract
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at on the beginning September 2000 Distribution Date and allocable to the holders of Class A-1 Certificates will be deposited in the Accumulation Period or upon Principal Funding Account on such date. In addition, on the occurrence of an Early Amortization Event shall September 2001 Distribution Date the amount on deposit in the Excess Funding Account will be deposited in the Principal Funding Account. In addition, no No funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period. Additionally, no amounts will be deposited in the Excess Funding Account (i) with respect to the Class A-1 Certificates, with respect to any Collection Period following the July 2000 Collection Period or (ii) with respect to the Class A-2 Certificates, with respect to any Collection Period following the July 2001 Collection Period.
(b) If (i) on any On each Determination Date during any Nonprincipal Period, the Revolving Period there are any funds Seller shall determine whether the sum of the Invested Amount (reduced for this purpose by the amount, if any, by which the Required Participation Amount exceeds the Pool Balance due to an increase in the Subordination Factor) and the amount on deposit in the Excess Funding Account and (iiother than any Investment Proceeds) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end outstanding principal balance of the second preceding Collection PeriodSeries 1999-1 Certificates. If on any such Determination Date such sum is greater than the outstanding principal balance of the Series 1999-1 Certificates and thus there are sufficient Principal Receivables in the Trust to permit an increase in the Invested Amount without causing an Early Amortization Event to occur with respect to any outstanding Series, then, subject the Seller shall notify the Trustee of the amount of the increase in the Invested Amount. Subject to the other provisions of set forth below in this Section 4.12(b) and to Sections 4.12(c4.12(d) and (d)e) below, upon receipt of such notice the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such thatby the amount specified, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, and the Servicer shall notify instruct the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall to withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Any such increase in the aggregate Invested Amount will be allocated to the Class A-1 Certificates and the Class A-2 Certificates pro rata based on the Class A-1 Allocation Percentage and the Class A-2 Allocation Percentage, respectively, for the related Collection Period. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 1999-1. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase (i) the Unconcentrated Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation Amount, (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account.
(c) On each Determination Date during the Class A-2 Revolving Period (after the commencement of the Class A-1 Accumulation Period), the Seller shall determine whether the sum of the Class A-2 Invested Amount (reduced for this purpose by the amount, if any, by which the Required Participation Amount exceeds the Pool Balance due to an increase in the Subordination Factor) and the amount on deposit in the Excess Funding Account (other than any Investment Proceeds) is greater than the outstanding principal balance of the Class A-2 Certificates. The If on any such Determination Date such sum is greater than the outstanding principal balance of the Class A-2 Certificates and thus there are sufficient Principal Receivables in the Trust to permit an increase in the Class A-2 Invested Amount without causing an Early Amortization Event to occur with respect to any outstanding Series, the Seller may elect shall notify the Trustee of the amount of the increase in the Class A-2 Invested Amount. Subject to make withdrawals the provisions set forth below in this Section 4.12(c) and to Sections 4.12(d) and (e) below, upon receipt of such notice the Class A-2 Invested Amount shall be increased by the amount specified, and the Servicer shall instruct the Trustee to withdraw from the Excess Funding Account and pay to the excess funding accounts Seller or similar arrangements allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Class A-2 Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 1999-1. To the extent that the Class A-2 Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Class A-2 Invested Amount is subject to the condition that after giving effect to such increase (i) the Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation Amount, (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior deposit, from time to the commencement of such daily or weekly withdrawals. If such election is madetime, then deposits into in the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding MondayAccount.
(cd) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount or the Class A-2 Invested Amount, as applicable, and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Adjusted Invested Amount bears to the adjusted invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(de) In the event that any other Series is in an amortization periodamortization, early amortization period or accumulation period, period the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, Series Supplement to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
(a) Class A-1 Accumulation Period Length; Class A-1 Accumulation Period Commencement Date. Beginning on the September 2000 Distribution Date, and on each Distribution Date thereafter that occurs prior to the Class A-1 Accumulation Period Commencement Date, the Servicer shall calculate the Class A-1 Accumulation Period Length and, if applicable, determine the Class A-1 Accumulation Period Commencement Date. Once the Servicer has determined the Class A-1 Accumulation Period Commencement Date, the Servicer shall promptly notify the Trustee in writing of such determination. In connection therewith, the Seller hereby agrees not to cause the Trust to issue any new Series during the period from the date hereof until the date that the Class A-1 Certificates shall have been paid in full, if such issuance would have an adverse effect on the results obtained by application of the formula used to compute the Class A-1 Accumulation Period Length.
(b) Class A-2 Accumulation Period Length; Class A-2 Accumulation Period Commencement Date. Beginning on the September 2001 Distribution Date, and on each Distribution Date thereafter that occurs prior to the Class A-2 Accumulation Period Commencement Date, the Servicer shall calculate then Class A-2 Accumulation Period Length and, if applicable, determine the Class A-2 Accumulation Period Commencement Date. Once the Servicer has determined the Class A-2 Accumulation Period Commencement Date, the Servicer shall promptly notify the Trustee in writing of such determination. In connection therewith, the Seller hereby agrees not to cause the Trust to issue any new Series during the period from the date hereof until the date that the Class A-2 Certificates shall have been paid in full, if such issuance would have an adverse effect on the results obtained by application of the formula used to compute the Class A-2 Accumulation Period Length.
Appears in 1 contract
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at on the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall June 2001 Distribution Date will be deposited in the Principal Funding AccountAccount on such date. In addition, no funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period or with respect to any Collection Period following the April 2001 Collection Period.
(b) If (i) on any On each Determination Date during the Revolving Period there are any funds Period, the Seller shall determine whether the sum of the Invested Amount (reduced for this purpose by the amount, if any, by which the Required Participation Amount exceeds the Pool Balance due to an increase in the Subordination Factor) and the amount on deposit in the Excess Funding Account and (iiother than any Investment Proceeds) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end outstanding principal balance of the second preceding Collection PeriodSeries 1996-2 Certificates. If on any such Determination Date such sum is greater than the outstanding principal balance of the Series 1996-2 Certificates and thus there are sufficient Principal Receivables in the Trust to permit an increase in the Invested Amount without causing an Early Amortization Event to occur with respect to any outstanding Series, then, subject the Seller shall notify the Trustee of the amount of the increase in the Invested Amount. Subject to the other provisions of set forth below in this Section 4.12(b) and to Sections 4.12(c) and (d)) below, upon receipt of such notice the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such thatby the amount specified, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, and the Servicer shall notify instruct the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall to withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 1996-2. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase (i) the Unconcentrated Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation Amount, (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Adjusted Invested Amount bears to the adjusted invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization periodamortization, early amortization period or accumulation period, period the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, Series Supplement to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 1 contract
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall be deposited in the Principal Funding Account. In addition, no funds shall be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection Period, then, subject to the other provisions of this Section 4.12(b) and to Sections 4.12(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the Required Participation Amount. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.any
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Distribution Financial Services Floorplan Master Trust)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall will be deposited in the Principal Funding Account. In addition, no funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection Period, then, subject to the other provisions of this Section 4.12(b4.13(b) and to Sections 4.12(c4.13(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, Date the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 1996-1. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the sum of (A) the Required Participation AmountAmount (exclusive of the amount in clause (b) of the definition thereof), (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of the Swap Available Subordinated Amount and any other subordinated amounts supporting any other Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make such withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such SeriesSeries Supplement, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ford Credit Auto Loan Master Trust)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at on the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall May 2003 Distribution Date will be deposited in the Principal Funding AccountAccount on such date. In addition, no No funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period. Additionally, no amounts will be deposited in the Excess Funding Account with respect to any Collection Period following the April 2003 Collection Period.
(b) If (i) on any On each Determination Date during any Nonprincipal Period, the Revolving Period there are any funds Seller shall determine whether the sum of the Invested Amount (reduced for this purpose by the amount, if any, by which the Required Participation Amount exceeds the Pool Balance due to an increase in the Subordination Factor) and the amount on deposit in the Excess Funding Account and (iiother than any Investment Proceeds) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end outstanding principal balance of the second preceding Collection PeriodSeries 2000-C Certificates. If on any such Determination Date such sum is greater than the outstanding principal balance of the Series 2000-C Certificates and thus there are sufficient Principal Receivables in the Trust to permit an increase in the Invested Amount without causing an Early Amortization Event to occur with respect to any outstanding Series, then, subject the Seller shall notify the Trustee of the amount of the increase in the Invested Amount. Subject to the other provisions of set forth below in this Section 4.12(b) and to Sections 4.12(c) and (d)) below, upon receipt of such notice the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such thatby the amount specified, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, and the Servicer shall notify instruct the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall to withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 2000-C. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' Series invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase (i) the Unconcentrated Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation Amount, (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount Amount, and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Adjusted Invested Amount bears to the adjusted invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization periodamortization, early amortization period or accumulation period, period the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.from
Appears in 1 contract
Excess Funding Account. (a) Any funds In addition to any other amounts permitted or required to be deposited into the Excess Funding Account pursuant to the Basic Documents, at the direction of the Residual Interestholder to the Servicer, Owner Trustee and Indenture Trustee, any amounts otherwise distributable to the Residual Interestholder pursuant to the terms of this Agreement, the Indenture (including any Series Supplement) and the Trust Agreement, shall be deposited into the Excess Funding Account.
(b) The net proceeds from the issuance of any new Series of Notes or the increase in the Invested Amount of any Series of Notes, first, shall be deposited into the Excess Funding Account such that the Pool Balance is not less than the Required Participation Amount and, second, shall be paid to the Residual Interestholder as provided in the Trust Agreement or, to the extent requested by the Residual Interestholder, deposited into the Excess Funding Account.
(c) Unless an Early Amortization Event shall have occurred, amounts on deposit in the Excess Funding Account at may be used to repay the beginning outstanding principal amount of any Series of Notes to the extent required or permitted by the terms of the Accumulation Period or upon related Series Supplement.
(d) At the occurrence request of an Early Amortization Event shall be deposited in the Principal Funding Account. In addition, no funds shall be deposited Residual Interestholder any amount held in the Excess Funding Account during the Accumulation Period or any Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection Period, then, subject to the other provisions of this Section 4.12(b) and to Sections 4.12(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series required so that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Pool Balance is not less than the Required Participation Amount is at least equal shall be paid to the Unconcentrated Pool Balance. On such Determination Date, Residual Interestholder at the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount time and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced requested by the amount of such payment. In additionResidual Interestholder; provided, however, that any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the Required Participation Amount. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall be based on the proportion that the amount on deposit in the Excess -------- ------- Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that at any other time during which any Series is in an amortization periodits Early Amortization Period, early amortization period Accumulation Period, Controlled Amortization Period or accumulation period, the amounts of any withdrawals from the Excess Funding Account Amortization Period shall be applied first deemed to satisfy in full any then applicable funding or payment requirements of such be a Series Allocable Miscellaneous Payment and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such and distributed in accordance with the Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the SellerSupplement.
Appears in 1 contract
Samples: Trust Sale and Servicing Agreement (Volkswagen Dealer Finance LLC)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at on the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall September 2002 Distribution Date will be deposited in the Principal Funding AccountAccount on such date. In addition, no No funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period. Additionally, no amounts will be deposited in the Excess Funding Account with respect to any Collection Period following the March 2003 Collection Period.
(b) If (i) on any On each Determination Date during any Nonprincipal Period, the Revolving Period there are any funds Seller shall determine whether the sum of the Invested Amount (reduced for this purpose by the amount, if any, by which the Required Participation Amount exceeds the Pool Balance due to an increase in the Subordination Factor) and the amount on deposit in the Excess Funding Account and (iiother than any Investment Proceeds) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end outstanding principal balance of the second preceding Collection PeriodSeries 2000-B Certificates. If on any such Determination Date such sum is greater than the outstanding principal balance of the Series 2000-B Certificates and thus there are sufficient Principal Receivables in the Trust to permit an increase in the Invested Amount without causing an Early Amortization Event to occur with respect to any outstanding Series, then, subject the Seller shall notify the Trustee of the amount of the increase in the Invested Amount. Subject to the other provisions of set forth below in this Section 4.12(b) and to Sections 4.12(c) and (d)) below, upon receipt of such notice the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such thatby the amount specified, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, and the Servicer shall notify instruct the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall to withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 2000-B. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' Series invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase (i) the Unconcentrated Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation Amount, (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount Amount, and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Adjusted Invested Amount bears to the adjusted invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization periodamortization, early amortization period or accumulation period, period the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, Series Supplement to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 1 contract
Samples: Series 2000 B Supplement (Carco Auto Loan Master Trust)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall will be deposited in the Principal Funding Account. In addition, no funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection Period, then, subject to the other provisions of this Section 4.12(b4.13(b) and to Sections 4.12(c4.13(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, Date the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 1996-2. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the sum of (A) the Required Participation AmountAmount (exclusive of the amount in clause (b) of the definition thereof), (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of the Swap Available Subordinated Amount and any other subordinated amounts supporting any other Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make such withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such SeriesSeries Supplement, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ford Credit Auto Loan Master Trust)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at on the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall May 2004 Distribution Date will be deposited in the Principal Funding AccountAccount on such date. In addition, no No funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period. Additionally, no amounts will be deposited in the Excess Funding Account with respect to any Collection Period following the April 2004 Collection Period.
(b) If (i) on any On each Determination Date during any Nonprincipal Period, the Revolving Period there are any funds Seller shall determine whether the sum of the Invested Amount (reduced for this purpose by the amount, if any, by which the Required Participation Amount exceeds the Pool Balance due to an increase in the Subordination Factor) and the amount on deposit in the Excess Funding Account and (iiother than any Investment Proceeds) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end outstanding principal balance of the second preceding Collection PeriodSeries 2001-A Certificates. If on any such Determination Date such sum is greater than the outstanding principal balance of the Series 2001-A Certificates and thus there are sufficient Principal Receivables in the Trust to permit an increase in the Invested Amount without causing an Early Amortization Event to occur with respect to any outstanding Series, then, subject the Seller shall notify the Trustee of the amount of the increase in the Invested Amount. Subject to the other provisions of set forth below in this Section 4.12(b) and to Sections 4.12(c) and (d)) below, upon receipt of such notice the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such thatby the amount specified, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, and the Servicer shall notify instruct the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall to withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 2001-A. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' Series invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase (i) the Unconcentrated Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation Amount, (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount Amount, and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Adjusted Invested Amount bears to the adjusted invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization periodamortization, early amortization period or accumulation period, period the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, Series Supplement to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 1 contract
Samples: Series 2001 a Supplement (Daimlerchrysler Wholesale Receivables LLC)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at on [the beginning of earlier of] [the Accumulation Period or upon [ ] Distribution Date] [the occurrence of an Early Amortization Event shall Principal Commencement Date] will be deposited in the Principal Funding AccountAccount on such date. In addition, on each Distribution Date with respect to the Controlled Amortization Period an amount equal to the quotient obtained by dividing the amount on deposit in the Excess Funding Account as of the [ ] Distribution Date (after giving effect to any withdrawals from or deposits to such account on such date) by [ ] will be distributed to Series [199_-_] Certificateholders on such date in respect of principal of the Series [199_-_] Certificates.] In addition, no funds shall will be deposited in the Excess Funding Account during any Early Amortization Period [or Reinvestment Period] or with respect to any Collection Period following the [ Collection Period] [the Accumulation Period or any Early Amortization PeriodCommencement Date].
(b) If (i) on any On each Determination Date during the Revolving Period there are any funds Period, the Seller shall determine whether the sum of the Invested Amount and the amount on deposit in the Excess Funding Account and (iiother than any Investment Proceeds) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end outstanding principal balance of the second preceding Collection PeriodSeries [199_-_] Certificates. If on any such Determination Date such sum is greater than the outstanding principal balance of the Series [199_-_] Certificates and thus there are sufficient Principal Receivables in the Trust to permit an increase in the Invested Amount without causing an Early Amortization Event to occur with respect to any outstanding Series, then, subject the Seller shall notify the Trustee of the amount of the increase in the Invested Amount. Subject to the other provisions of set forth below in this Section 4.12(b) and to Sections 4.12(c) and (d)) below, upon receipt of such notice the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such thatby the amount specified, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, and the Servicer shall notify instruct the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall to withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series [199_-_]. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase (i) the Unconcentrated Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation Amount, (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Adjusted Invested Amount bears to the adjusted invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization periodamortization, early amortization period amortization, reinvestment or accumulation period, period the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization periodamortization, early amortization period amortization, reinvestment or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, Series Supplement to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.]
Appears in 1 contract
Samples: Pooling and Servicing Agreement Supplement (Carco Auto Loan Master Trust)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon after the occurrence of an Early Amortization Event shall will be deposited in distributed to the Principal Funding AccountIndenture Trustee on such date. In addition, no No funds shall will be deposited in the Excess Funding Account during after the Accumulation Period or any occurrence of an Early Amortization PeriodEvent unless such Early Amortization Event has been either deemed not to exist or waived as described in clause (a) or clause (b) of the definition thereof in this Series Supplement.
(b) If On each Determination Date, the Seller shall determine whether the sum of the Invested Amount (i) on any Determination Date during to the Revolving Period there are any extent supported by Principal Receivables rather than funds in the Excess Funding Account) and the amount on deposit in the Excess Funding Account and (iiother than any Investment Proceeds) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end outstanding principal amount of the second preceding Collection Period, then, subject Series 2002-CC Certificates. If on any such Determination Date such sum is greater than the outstanding principal amount of the Series 2002-CC Certificates and thus there are sufficient Principal Receivables in the Trust to the other provisions of this Section 4.12(b) and to Sections 4.12(c) and (d), permit an increase in the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such supported by Principal Receivables without causing an Early Amortization Event to occur with respect to any outstanding Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, the Servicer Seller shall notify the Trustee of the amount, if any, amount of such the increase in the Invested Amount supported by Principal Receivables. Subject to the provisions set forth below in this Section 4.05(b) and to Sections 4.05(c) and (d) below, upon receipt of such notice the Invested Amount supported by Principal Receivables shall be increased by the amount specified, and the Servicer shall instruct the Trustee shall to withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested AmountAmount supported by Principal Receivables. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 2002-CC. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' Series invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount supported by Principal Receivables is subject to the condition that after giving effect to such increase (i) the Unconcentrated Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation AmountAmount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (B) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount Amount, and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Invested Amount bears to the adjusted invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, Series Supplement to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 1 contract
Samples: Series 2002 Cc Supplement (Daimlerchrysler Wholesale Receivables LLC)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall will be deposited in the Principal Funding Account. In addition, no funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection Period, then, subject to the other provisions of this Section 4.12(b4.13(b) and to Sections 4.12(c4.13(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, Date the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. To the extent that the Invested Amount is increased by any Such payment shall be in payment or partial payment pursuant to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the Required Participation Amount. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements Receivables Purchase Agreement for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall be pro rata based on the proportion that the Invested Amount bears transferred to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.Trust or
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Ford Credit Auto Receivables Corp)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall will be deposited in the Principal Funding Account. In addition, no funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection Period, then, subject to the other provisions of this Section 4.12(b) and to Sections 4.12(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the sum of (A) the Required Participation AmountAmount (exclusive of the amount in clause (b) of the definition thereof), (B) the sum of the Available Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other Series shall have no required subordinated amounts, the available subordinated amounts with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make such withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at on the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall May 2003 Distribution Date will be deposited in the Principal Funding AccountAccount on such date. In addition, no funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period or with respect to any Collection Period following the March 2003 Collection Period.
(b) If (i) on any On each Determination Date during the Revolving Period there are any funds Period, the Seller shall determine whether the sum of the Invested Amount (reduced for this purpose by the amount, if any, by which the Required Participation Amount exceeds the Pool Balance due to an increase in the Subordination Factor) and the amount on deposit in the Excess Funding Account and (iiother than any Investment Proceeds) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end outstanding principal balance of the second preceding Collection PeriodSeries 1996-1 Certificates. If on any such Determination Date such sum is greater than the outstanding principal balance of the Series 1996-1 Certificates and thus there are sufficient Principal Receivables in the Trust to permit an increase in the Invested Amount without causing an Early Amortization Event to occur with respect to any outstanding Series, then, subject the Seller shall notify the Trustee of the amount of the increase in the Invested Amount. Subject to the other provisions of set forth below in this Section 4.12(b) and to Sections 4.12(c) and (d)) below, upon receipt of such notice the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such thatby the amount specified, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, and the Servicer shall notify instruct the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall to withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 1996-1. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase (i) the Unconcentrated Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation Amount, (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Adjusted Invested Amount bears to the adjusted invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization periodamortization, early amortization period or accumulation period, period the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, Series Supplement to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 1 contract
Excess Funding Account. (a) Any funds on deposit in the ---------------------- Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall will be deposited in the Principal Funding Account. In addition, no funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection Period, then, subject to the other provisions of this Section 4.12(b) and to Sections 4.12(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the sum of (A) the Required Participation AmountAmount (exclusive of the amount in clause (b) of the definition thereof), (B) the sum of the Available Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other Series shall have no required subordinated amounts, the available subordinated amounts with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make such withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then ----- applicable funding or payment requirements of such Series and second to make a ------ payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment ----- requirements of each such Series and second to make a payment to the Seller.. ------
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P)
Excess Funding Account. (a) Any funds on deposit in the Excess Funding Account at on the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall November 1999 Distribution Date will be deposited in the Principal Funding AccountAccount on such date. In addition, no funds shall will be deposited in the Excess Funding Account during the Accumulation Period or any Early Amortization Period or with respect to any Collection Period following the October 1999 Collection Period.
(b) If (i) on any On each Determination Date during the Revolving Period there are any funds Period, the Seller shall determine whether the sum of the Invested Amount (reduced for this purpose by the amount, if any, by which the Required Participation Amount exceeds the Pool Balance due to an increase in the Subordination Factor) and the amount on deposit in the Excess Funding Account and (iiother than any Investment Proceeds) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end outstanding principal balance of the second preceding Collection PeriodSeries 1995-5 Certificates. If on any such Determination Date such sum is greater than the outstanding principal balance of the Series 1995-5 Certificates and thus there are sufficient Principal Receivables in the Trust to permit an increase in the Invested Amount without causing an Early Amortization Event to occur with respect to any outstanding Series, then, subject the Seller shall notify the Trustee of the amount of the increase in the Invested Amount. Subject to the other provisions of set forth below in this Section 4.12(b) and to Sections 4.12(c) and (d)) below, upon receipt of such notice the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such thatby the amount specified, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, and the Servicer shall notify instruct the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall to withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. Such payment shall be in payment or partial payment pursuant to the Receivables Purchase Agreement for additional Principal Receivables transferred to the Trust or allocated to Series 1995-5. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase (i) the Unconcentrated Pool Balance equals or exceeds (ii) the sum of (A) the Required Participation Amount, (B) the sum of the Required Subordinated Amount and the sum of the required subordinated amounts for all other Series (or, if such other series shall have no required subordinated amount, the available subordinated amount with respect to such Series) and (C) the sum of any subordinated amounts supporting any Enhancement for all other Series. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall will be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall will be pro rata based on the proportion that the Adjusted Invested Amount bears to the adjusted invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization periodamortization, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be allocated (and, if necessary, reallocated) among such Series as specified in the related Supplements for such Series, Series Supplement to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the Seller.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Carco Auto Loan Master Trust)
Excess Funding Account. (a) Any In addition to any other amounts permitted or required to be deposited into the Excess Funding Account pursuant to the Basic Documents, at the direction of the Residual Interestholder to the Servicer, the Owner Trustee and the Indenture Trustee, any amounts otherwise distributable to the Residual Interestholder pursuant to the terms of this Agreement, the Indenture (including any Series Supplement) and the Trust Agreement, shall be deposited into the Excess Funding Account.
(b) The net proceeds from the issuance of any new Series of Investor Interests or the increase in the Invested Amount of any Series of Investor Interests, first, shall be deposited into the Excess Funding Account such that the Net Pool Balance is not less than the Required Net Pool Balance and, second, shall be paid to the Residual Interestholder as provided in the Trust Agreement or, to the extent requested by the Residual Interestholder, deposited into the Excess Funding Account.
(c) Upon the occurrence of an Early Amortization Event, amounts on deposit in the Excess Funding Account may be used to repay the outstanding principal amount of any Series of Investor Interests to the extent required or permitted by the terms of the related Series Supplement.
(d) On each Business Day on which funds are deposited in the Excess Funding Account, the Servicer shall determine the amount, if any, held in the Excess Funding Account in excess of the amount required so that the Net Pool Balance is not less than the Required Net Pool Balance and shall instruct the Indenture Trustee in writing to withdraw any such excess from the Excess Funding Account and pay such amount to the Residual Interestholder; provided, however, that any amounts on deposit in the Excess Funding Account at the beginning of the Accumulation Period or upon the occurrence of an Early Amortization Event shall be deposited in the Principal Funding Account. In addition, no funds shall be deposited in the Excess Funding Account any time during the Accumulation Period or which any Early Amortization Period.
(b) If (i) on any Determination Date during the Revolving Period there are any funds in the Excess Funding Account and (ii) the Unconcentrated Pool Balance at the end of the preceding Collection Period is greater than the Unconcentrated Pool Balance at the end of the second preceding Collection Period, then, subject to the other provisions of this Section 4.12(b) and to Sections 4.12(c) and (d), the Invested Amount and the invested amounts (but, in each case, not in excess of the initial principal amount of such Series) for all other outstanding Series that provide for an excess funding account or similar arrangement and are in their revolving periods shall be increased such that, after giving effect to such increases, the Required Participation Amount is at least equal to the Unconcentrated Pool Balance. On such Determination Date, the Servicer shall notify the Trustee of the amount, if any, of such increase in the Invested Amount and the Trustee shall withdraw from the Excess Funding Account and pay to the Seller or allocate to one or more other Series, on the immediately succeeding Distribution Date, an amount equal to the amount of such increase in the Invested Amount. To the extent that the Invested Amount is increased by any payment to the Seller or any allocation to one or more other Series, the Seller's Interest or such other Series' invested amount, as applicable, shall be reduced by the amount of such payment. In addition, any increase in the Invested Amount is subject to the condition that after giving effect to such increase the Unconcentrated Pool Balance equals or exceeds the Required Participation Amount. In connection with the foregoing, the Seller shall endeavor (taking into account any seasonality experienced in the Accounts in the Trust) to minimize the amounts on deposit, from time to time, in the Excess Funding Account. The Seller may elect to make withdrawals from the Excess Funding Account and the excess funding accounts or similar arrangements for other Series on a daily or weekly basis during a Collection Period by giving the Trustee notice of such election at least two Business Days and no more than five Business Days prior to the commencement of such daily or weekly withdrawals. If such election is made, then deposits into the Excess Funding Account and excess funding accounts or similar arrangements for other Series shall be made on a similar basis for the related Collection Period. If such election is for withdrawals on a daily basis, then such withdrawals shall be made on each Business Day and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the next preceding Business Day. If such election is for withdrawals on a weekly basis, then such withdrawals shall be made on each Wednesday (or if such Wednesday is not a Business Day, then on the Business Day next succeeding such Wednesday) and the Unconcentrated Pool Balance to be referenced shall be the Unconcentrated Pool Balance on the preceding Monday.
(c) In the event that other Series issued by the Trust provide for excess funding accounts or other arrangements similar to the Excess Funding Account involving fluctuating levels of investments in Principal Receivables, (i) the allocation of additional Principal Receivables to increase the Invested Amount and the invested amounts of such other Series (and the related withdrawals from the Excess Funding Account and the other excess funding or similar accounts) shall be based on the proportion that the amount on deposit in the Excess Funding Account bears to amounts on deposit in the excess funding accounts (including the Excess Funding Account) of all Series providing for excess funding accounts or such similar arrangements or to amounts otherwise similarly available and (ii) the deposit of amounts into the Excess Funding Account and the excess funding accounts of such other Series shall be pro rata based on the proportion that the Invested Amount bears to the invested amounts (including the Invested Amount) of all Series providing for excess funding accounts or such similar arrangements.
(d) In the event that any other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account shall be applied first to satisfy in full any then applicable funding or payment requirements of such Series and second to make a payment to the Seller. In the event that more than one other Series is in an amortization period, early amortization period or accumulation period, the amounts of any withdrawals from the Excess Funding Account its Early Amortization Period shall be allocated (and, if necessary, reallocated) among such and distributed in accordance with the Series as specified in the related Supplements for such Series, to meet the funding or payment requirements of each such Series first to satisfy in full all then applicable funding or payment requirements of each such Series and second to make a payment to the SellerSupplement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Textron Financial Corp)