Common use of Excess Spread; Excess Finance Charges Clause in Contracts

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 1998-1 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Monthly ---- Interest, plus the amount of any Class C Additional Interest for such ---- Distribution Date and any Class C Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (m) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or to the Seller as described in Section 4.05 of the Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Capital One Master Trust), Pooling and Servicing Agreement (Capital One Financial Corp)

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Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982001-1 6 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-16, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-1 6 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause direct the Trustee in writing to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 1998____-1 _ with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i4.5(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount that order of Excess Spread and Excess Finance Charges allocated to Series 1998-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii)priority; (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a4.6(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a4.6(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal up to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i4.5(b)(i) and (ii), in that order of priority; (d) and (II) for application, up an amount equal to the Class B Investor Default Amount, Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (de) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 2.1 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (ef) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Collateral Minimum Monthly ---- Interest, Interest previously due but not distributed to the Collateral Interest Holder on a prior Distribution Date pursuant to this subsection plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Outstanding Collateral Additional Interest shall be previously due but not distributed to the Paying Agent for payment to the Class C Collateral Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either Holder on such Distribution Date or a prior Distribution Date shall be paid to the ServicerCollateral Interest Holder; (g) an amount equal to the Class C Investor Collateral Servicing Fee for such Distribution Date (or if the Bank or the Trustee is no longer the Servicer, the portion of the Collateral Servicing Fee for such Distribution Date not paid pursuant to Section 4.5(c)(i)), plus the amount of any Collateral Servicing Fee previously due but not distributed to the Servicer on a prior Distribution Date, shall be distributed to the Servicer; (h) an amount equal to the Collateral Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (hi) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (cb) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- amount on deposit therein, shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mk) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will shall be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

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

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause direct the Trustee in writing to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982000-1 D with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i4.5(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount that order of Excess Spread and Excess Finance Charges allocated to Series 1998-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii)priority; (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a4.6(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a4.6(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal up to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i4.5(b)(i) and (ii), in that order of priority; (d) and (II) for application, up an amount equal to the Class B Investor Default Amount, Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (de) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 2.1 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (ef) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Collateral Minimum Monthly ---- Interest, Interest previously due but not distributed to the Collateral Interest Holder on a prior Distribution Date pursuant to this subsection plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Outstanding Collateral Additional Interest shall be previously due but not distributed to the Paying Agent for payment to the Class C Collateral Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either Holder on such Distribution Date or a prior Distribution Date shall be paid to the ServicerCollateral Interest Holder; (g) an amount equal to the Class C Investor Collateral Servicing Fee for such Distribution Date (or if the Bank or the Trustee is no longer the Servicer, the portion of the Collateral Servicing Fee for such Distribution Date not paid pursuant to Section 4.5(c)(i)), plus the amount of any Collateral Servicing Fee previously due but not distributed to the Servicer on a prior Distribution Date, shall be distributed to the Servicer; (h) an amount equal to the Collateral Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (hi) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (cb) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- amount on deposit therein, shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mk) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will shall be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

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

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982001-1 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C “Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982000-1 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982000-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982000-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding ---- Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for ---- such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause direct the Trustee in writing to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982002-1 A with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i4.5(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount that order of Excess Spread and Excess Finance Charges allocated to Series 1998-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii)priority; (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a4.6(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a4.6(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal up to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i4.5(b)(i) and (ii), in that order of priority; (d) and (II) for application, up an amount equal to the Class B Investor Default Amount, Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (de) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 2.1 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (ef) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Collateral Minimum Monthly ---- Interest, Interest previously due but not distributed to the Collateral Interest Holder on a prior Distribution Date pursuant to this subsection plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Outstanding Collateral Additional Interest shall be previously due but not distributed to the Paying Agent for payment to the Class C Collateral Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either Holder on such Distribution Date or a prior Distribution Date shall be paid to the ServicerCollateral Interest Holder; (g) an amount equal to the Class C Investor Collateral Servicing Fee for such Distribution Date (or if the Bank or the Trustee is no longer the Servicer, the portion of the Collateral Servicing Fee for such Distribution Date not paid pursuant to Section 4.5(c)(i)), plus the amount of any Collateral Servicing Fee previously due but not distributed to the Servicer on a prior Distribution Date, shall be distributed to the Servicer; (h) an amount equal to the Collateral Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (hi) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (cb) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- amount on deposit therein, shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mk) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will shall be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

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

Excess Spread; Excess Finance Charges. The ------------------------------------- Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982000-1 2 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982000-12, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required -------- Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982000-1 2 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral ---- Outstanding Monthly ---- Interest, plus the amount of any Class C Collateral ---- Additional Interest for such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the ---- Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Supplement to Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982000-1 3 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982000-13, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982000-1 3 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding ---- Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for ---- such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982002-1 3 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982002-13, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982002-1 3 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding ---- Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for ---- such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19981999-1 3 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19981999-13, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19981999-1 3 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral ---- Outstanding Monthly ---- Interest, plus the amount of any Class C Collateral Additional ---- Interest for such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause direct the Trustee in writing to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982001-1 C with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i4.5(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount that order of Excess Spread and Excess Finance Charges allocated to Series 1998-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii)priority; (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a4.6(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a4.6(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal up to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i4.5(b)(i) and (ii), in that order of priority; (d) and (II) for application, up an amount equal to the Class B Investor Default Amount, Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (de) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 2.1 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (ef) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Collateral Minimum Monthly ---- Interest, Interest previously due but not distributed to the Collateral Interest Holder on a prior Distribution Date pursuant to this subsection plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Outstanding Collateral Additional Interest shall be previously due but not distributed to the Paying Agent for payment to the Class C Collateral Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either Holder on such Distribution Date or a prior Distribution Date shall be paid to the ServicerCollateral Interest Holder; (g) an amount equal to the Class C Investor Collateral Servicing Fee for such Distribution Date (or if the Bank or the Trustee is no longer the Servicer, the portion of the Collateral Servicing Fee for such Distribution Date not paid pursuant to Section 4.5(c)(i)), plus the amount of any Collateral Servicing Fee previously due but not distributed to the Servicer on a prior Distribution Date, shall be distributed to the Servicer; (h) an amount equal to the Collateral Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (hi) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (cb) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- amount on deposit therein, shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mk) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will shall be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

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

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982001-1 5 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-15, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-1 5 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C “Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 1998____-1 __ with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(isubsections 4.5(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount that order of Excess Spread and Excess Finance Charges allocated to Series 1998-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii)priority; (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(asubsection 4.6(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(asubsection 4.6(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal up to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(isubsections 4.5(b)(i) and (ii), in that order of priority; (d) and (II) for application, up an amount equal to the Class B Investor Default Amount, Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (de) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (cd), (de) and (ef) of the definition of "Class B Invested Amount" in Section 2.01 2.1 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (ef) an amount equal to the sum of Class C Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Monthly ---- Interest, Interest previously due but not distributed to the Class C Interest Holder on a prior Distribution Date pursuant to this subsection or pursuant to the Class C Supplemental Agreement plus the amount of any Class C Additional Interest for such ---- Distribution Date and any Class C Outstanding Additional Interest shall be previously due but not distributed to the Paying Agent for payment to the Class C Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either Holder on such Distribution Date or a prior Distribution Date shall be paid to the ServicerClass C Interest Holder for application in accordance with the Class C Supplemental Agreement; (g) an amount equal to the Class C Investor Default Amount Servicing Fee for such Distribution Date (or if ANB or the Trustee is no longer the Servicer, the portion of the Class C Servicing Fee for such Distribution Date not paid pursuant to subsection 4.5(c)(i)), plus the amount of any Class C Servicing Fee previously due but not distributed to the Servicer on a prior Distribution Date, shall be treated as a portion of Available Investor Principal Collections with respect distributed to such Distribution Datethe Servicer; (hi) an amount equal to the aggregate amount by which the Class C Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Class C Principal Collections with respect to such Distribution Date; (ij) an amount up to the excess, if any, of the Required Cash Collateral Amount over the remaining Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (jk) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- amount on deposit therein, shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l1) an amount equal to the aggregate of any other amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable owed pursuant to the terms of such agreement out of Excess Class C Supplemental Agreement (excluding amounts required to be deposited in the Spread or Excess Finance ChargesAccount under and as defined in the Class C Supplemental Agreement) will shall be distributed to the depositor or its designee for application applied in accordance with such agreementthe Class C Supplemental Agreement and (2) amounts required to be deposited in the Spread Account under and as defined in the Class C Supplemental Agreement shall be so deposited therein; and (m) the balance, if any, will shall constitute a portion of "Excess Finance Charges for such Distribution Date and will be Charges" available for allocation to other Series in Group One or to the Holders of the Seller Certificates for such Distribution Date as described in Section 4.05 of the Agreement4.9.

Appears in 1 contract

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

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982001-1 2 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii), (iii) and (iiiiv); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-12, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Net Swap Payment, if any, pursuant to Section 4.05(a)(ii), third to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii4.05(a)(iii) and third fourth to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii4.05(a)(iv); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-1 2 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982001-1 7 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the -------- event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-17, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required -------- Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-1 7 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral ---- Outstanding Monthly ---- Interest, plus the amount of any Class C Collateral ---- Additional Interest for such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause direct the Trustee in writing to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 1998-1 200_-_ with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i4.5(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount that order of Excess Spread and Excess Finance Charges allocated to Series 1998-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii)priority; (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a4.6(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a4.6(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal up to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i4.5(b)(i) and (ii), in that order of priority; (d) and (II) for application, up an amount equal to the Class B Investor Default Amount, Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (de) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 2.1 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (ef) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Collateral Minimum Monthly ---- Interest, Interest previously due but not distributed to the Collateral Interest Holder on a prior Distribution Date pursuant to this subsection plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Outstanding Collateral Additional Interest shall be previously due but not distributed to the Paying Agent for payment to the Class C Collateral Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either Holder on such Distribution Date or a prior Distribution Date shall be paid to the ServicerCollateral Interest Holder; (g) an amount equal to the Class C Investor Collateral Servicing Fee for such Distribution Date (or if the Bank or the Trustee is no longer the Servicer, the portion of the Collateral Servicing Fee for such Distribution Date not paid pursuant to Section 4.5(c)(i)), plus the amount of any Collateral Servicing Fee previously due but not distributed to the Servicer on a prior Distribution Date, shall be distributed to the Servicer; (h) an amount equal to the Collateral Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (hi) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (cb) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- amount on deposit therein, shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mk) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will shall be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

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

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982001-1 3 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-13, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-1 3 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest Holders; Holder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; ; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; ; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; ; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; ; and (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement Supplement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause direct the Trustee in writing to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982001-1 B with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i4.5(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount that order of Excess Spread and Excess Finance Charges allocated to Series 1998-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii)priority; (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a4.6(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a4.6(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal up to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i4.5(b)(i) and (ii), in that order of priority; (d) and (II) for application, up an amount equal to the Class B Investor Default Amount, Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (de) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 2.1 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (ef) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Collateral Minimum Monthly ---- Interest, Interest previously due but not distributed to the Collateral Interest Holder on a prior Distribution Date pursuant to this subsection plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Outstanding Collateral Additional Interest shall be previously due but not distributed to the Paying Agent for payment to the Class C Collateral Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either Holder on such Distribution Date or a prior Distribution Date shall be paid to the ServicerCollateral Interest Holder; (g) an amount equal to the Class C Investor Collateral Servicing Fee for such Distribution Date (or if the Bank or the Trustee is no longer the Servicer, the portion of the Collateral Servicing Fee for such Distribution Date not paid pursuant to Section 4.5(c)(i)), plus the amount of any Collateral Servicing Fee previously due but not distributed to the Servicer on a prior Distribution Date, shall be distributed to the Servicer; (h) an amount equal to the Collateral Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (hi) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (cb) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- amount on deposit therein, shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mk) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will shall be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

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

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19981999-1 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19981999-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19981999-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding ---- Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for ---- such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement Supplement (Capital One Master Trust)

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Excess Spread; Excess Finance Charges. The Servicer shall ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982002-1 4 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982002-14, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982002-1 4 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding ---- Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for ---- such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause direct the Trustee in writing to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982003-1 A with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i4.5(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount that order of Excess Spread and Excess Finance Charges allocated to Series 1998-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii)priority; (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a4.6(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a4.6(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal up to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i4.5(b)(i) and (ii), in that order of priority; (d) and (II) for application, up an amount equal to the Class B Investor Default Amount, Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (de) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 2.1 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (ef) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Collateral Minimum Monthly ---- Interest, Interest previously due but not distributed to the Collateral Interest Holder on a prior Distribution Date pursuant to this subsection plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Outstanding Collateral Additional Interest shall be previously due but not distributed to the Paying Agent for payment to the Class C Collateral Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either Holder on such Distribution Date or a prior Distribution Date shall be paid to the ServicerCollateral Interest Holder; (g) an amount equal to the Class C Investor Collateral Servicing Fee for such Distribution Date (or if the Bank or the Trustee is no longer the Servicer, the portion of the Collateral Servicing Fee for such Distribution Date not paid pursuant to Section 4.5(c)(i)), plus the amount of any Collateral Servicing Fee previously due but not distributed to the Servicer on a prior Distribution Date, shall be distributed to the Servicer; (h) an amount equal to the Collateral Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (hi) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (cb) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- amount on deposit therein, shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mk) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will shall be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

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

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982001-1 8 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A -------- Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-18, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-1 8 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding ---- Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for ---- such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause direct the Trustee in writing to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982002-1 C with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i4.5(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount that order of Excess Spread and Excess Finance Charges allocated to Series 1998-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii)priority; (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a4.6(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a4.6(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal up to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i4.5(b)(i) and (ii), in that order of priority; (d) and (II) for application, up an amount equal to the Class B Investor Default Amount, Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (de) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 2.1 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (ef) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Collateral Minimum Monthly ---- Interest, Interest previously due but not distributed to the Collateral Interest Holder on a prior Distribution Date pursuant to this subsection plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Outstanding Collateral Additional Interest shall be previously due but not distributed to the Paying Agent for payment to the Class C Collateral Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either Holder on such Distribution Date or a prior Distribution Date shall be paid to the ServicerCollateral Interest Holder; (g) an amount equal to the Class C Investor Collateral Servicing Fee for such Distribution Date (or if the Bank or the Trustee is no longer the Servicer, the portion of the Collateral Servicing Fee for such Distribution Date not paid pursuant to Section 4.5(c)(i)), plus the amount of any Collateral Servicing Fee previously due but not distributed to the Servicer on a prior Distribution Date, shall be distributed to the Servicer; (h) an amount equal to the Collateral Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (hi) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (cb) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- amount on deposit therein, shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mk) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will shall be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

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

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982000-1 5 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii), (iii) and (iiiiv); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982000-15, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Net Swap Payment, if any, pursuant to Section 4.05(a)(ii), third to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii4.05(a)(iii) and third fourth to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii4.05(a)(iv); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982000-1 5 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral ---- Outstanding Monthly ---- Interest, plus the amount of any Class C Collateral Additional ---- Interest for such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve ---- Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 1998-1 with respect to the related Monthly Period, to make the following distributions in the following priority:Finance (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii), (iii) and (iiiiv); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-14, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Net Swap Payment, if any, pursuant to Section 4.05(a)(ii), third to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii4.05(a)(iii) and third fourth to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii4.05(a)(iv); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982001-1 4 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 1998-1 199_-_ with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1199_-_, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; providedprovided that, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 199_-_ and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Monthly ---- Interest, plus the amount of any Class C Additional Interest for such ---- Distribution Date and any Class C Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k1) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Loan Agreement shall be deposited into the Class C Spread Account and (2) an amount equal to the aggregate of any other amounts then owed pursuant to the Loan Agreement (excluding amounts required to be deposited in the Class C Spread Account) shall be applied in accordance with the Loan Agreement; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (m) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or to the Seller as described in Section 4.05 of the Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement Supplement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982000-1 4 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii), (iii) and (iiiiv); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982000-14, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Net Swap Payment, if any, pursuant to Section 4.05(a)(ii), third to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii4.05(a)(iii) and third fourth to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii4.05(a)(iv); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982000-1 4 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 1998-1 4 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided thatprovided, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-14, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 4 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Monthly ---- Interest, plus the amount of any Class C Additional Interest for such ---- Distribution Date and any Class C Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k1) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Loan Agreement shall be deposited into the Class C Spread Account and (2) an amount equal to the aggregate of any other amounts then owed pursuant to the Loan Agreement (excluding amounts required to be deposited in the Class C Spread Account) shall be applied in accordance with the Loan Agreement; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (m) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or to the Seller as described in Section 4.05 of the Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause direct the Trustee in writing to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19981999-1 C with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i4.5(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount that order of Excess Spread and Excess Finance Charges allocated to Series 1998-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii)priority; (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a4.6(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a4.6(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal up to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i4.5(b)(i) and (ii), in that order of priority; (d) and (II) for application, up an amount equal to the Class B Investor Default Amount, Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (de) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 2.1 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (ef) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Collateral Minimum Monthly ---- Interest, Interest previously due but not distributed to the Collateral Interest Holder on a prior Distribution Date pursuant to this subsection plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (m) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or to the Seller as described in Section 4.05 of the Agreement.

Appears in 1 contract

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

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause direct the Trustee in writing to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982002-1 B with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i4.5(a)(i), (ii) and (iii); provided that, in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount that order of Excess Spread and Excess Finance Charges allocated to Series 1998-1, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii)priority; (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a4.6(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a4.6(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal up to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i4.5(b)(i) and (ii), in that order of priority; (d) and (II) for application, up an amount equal to the Class B Investor Default Amount, Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; provided, that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 1998-1 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (de) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 2.1 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (ef) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Outstanding Collateral Minimum Monthly ---- Interest, Interest previously due but not distributed to the Collateral Interest Holder on a prior Distribution Date pursuant to this subsection plus the amount of any Class C Collateral Additional Interest for such ---- Distribution Date and any Class C Outstanding Collateral Additional Interest shall be previously due but not distributed to the Paying Agent for payment to the Class C Collateral Interest Holders; (f) an amount equal to the Class C Servicing Fee due but not paid to the Servicer either Holder on such Distribution Date or a prior Distribution Date shall be paid to the ServicerCollateral Interest Holder; (g) an amount equal to the Class C Investor Collateral Servicing Fee for such Distribution Date (or if the Bank or the Trustee is no longer the Servicer, the portion of the Collateral Servicing Fee for such Distribution Date not paid pursuant to Section 4.5(c)(i)), plus the amount of any Collateral Servicing Fee previously due but not distributed to the Servicer on a prior Distribution Date, shall be distributed to the Servicer; (h) an amount equal to the Collateral Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (hi) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (cb) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- amount on deposit therein, shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mk) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will shall be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

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

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19981999-1 2 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19981999-12, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19981999-1 2 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding ---- Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for ---- such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

Excess Spread; Excess Finance Charges. The Servicer ------------------------------------- shall apply (if the Seller is the Servicer and the Collection Account is maintained with the Seller) or shall cause the Trustee to apply, on each Distribution Date, Excess Spread and Excess Finance Charges allocated to Series 19982002-1 2 with respect to the related Monthly Period, to make the following distributions in the following priority: (a) an amount equal to the Class A Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee to fund any deficiency pursuant to Sections 4.05(a)(i), (ii) and (iii); provided that, that in the event the Class A Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982002-12, such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(a)(i), second to pay the Class A Servicing Fee pursuant to Section 4.05(a)(ii) and third to pay the Class A Investor Default Amount for such Distribution Date pursuant to Section 4.05(a)(iii); (b) an amount equal to the aggregate amount of Class A Investor Charge-Offs which have not been previously reimbursed as provided in Section 4.06(a) (after giving effect to the allocation on such Distribution Date of any amount for that purpose pursuant to Section 4.06(a)) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (c) an amount equal to the Class B Required Amount, if any, with respect to such Distribution Date shall be distributed by the Trustee (I) to fund any deficiency pursuant to Sections 4.05(b)(i) and (ii) and (II) for application, up to the Class B Investor Default Amount, as a portion of Available Investor Principal Collections for such Distribution Date; provided, provided that in the event the Class B Required Amount for such -------- Distribution Date exceeds the amount of Excess Spread and Excess Finance Charges allocated to Series 19982002-1 2 and available to pay such amount pursuant to this clause (c), such Excess Spread and Excess Finance Charges shall be applied first to pay amounts due with respect to such Distribution Date pursuant to Section 4.05(b)(i), second to pay the Class B Servicing Fee pursuant to Section 4.05(b)(ii) and third as a portion of Available Investor Principal Collections for such Distribution Date pursuant to clause (II) above; (d) an amount equal to the aggregate amount by which the Class B Invested Amount has been reduced pursuant to clauses (c), (d) and (e) of the definition of "Class B Invested Amount" in Section 2.01 of this Supplement (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections for such Distribution Date; (e) an amount equal to the sum of Class C Collateral Minimum Monthly Interest for such Distribution Date, plus the amount of any Class C Collateral Outstanding ---- Monthly ---- Interest, plus the amount of any Class C Collateral Additional Interest for ---- such ---- Distribution Date and any Class C Collateral Outstanding Additional Interest shall be distributed to the Paying Agent for payment to the Class C Collateral Interest HoldersHolder; (f) an amount equal to the Class C Collateral Servicing Fee due but not paid to the Servicer either on such Distribution Date or a prior Distribution Date shall be paid to the Servicer; (g) an amount equal to the Class C Collateral Investor Default Amount for such Distribution Date shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (h) an amount equal to the aggregate amount by which the Class C Collateral Invested Amount has been reduced pursuant to clause (c) of the definition of "Class C Collateral Invested Amount" (but not in excess of the aggregate amount of such reductions which have not been previously reimbursed) shall be treated as a portion of Available Investor Principal Collections with respect to such Distribution Date; (i) an amount up to the excess, if any, of the Required Cash Collateral Amount over the Available Cash Collateral Amount (without giving ---- effect to any deposit made on such date hereunder) shall be deposited into the Cash Collateral Account; (j) on each Distribution Date from and after the Reserve Account Funding Date, but prior to the date on which the Reserve Account terminates as described in Section 4.11(f), an amount up to the excess, if any, of the Required Reserve Account Amount over the Available Reserve Account Amount ---- shall be deposited into the Reserve Account; (k) amounts required to be deposited in the Class C Spread Account pursuant to the Class C Supplemental Agreement shall be deposited into the Class C Spread Account; (l) an amount equal to the aggregate of any amounts then due to the depositor of funds into the Cash Collateral Account (or any successor thereto or assignee thereof) pursuant to an agreement, as amended from time to time, among the Seller, the Servicer, such depositor and the Trustee (to the extent such amounts are payable pursuant to the terms of such agreement out of Excess Spread or Excess Finance Charges) will be distributed to the depositor or its designee for application in accordance with such agreement; and (mj) the balance, if any, will constitute Excess Finance Charges for such Distribution Date and will be available for allocation to other Series in Group One or distributed to the Seller as described in Section 4.05 of the AgreementCollateral Interest Holder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Capital One Master Trust)

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