Common use of Funding Agents Clause in Contracts

Funding Agents. (a) The Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser is hereby authorized to record on each Business Day the CP Conduit Funded Amount with respect to such CP Conduit Purchaser and the aggregate amount of Discount and Fees accruing with respect thereto on such Business Day and the Committed Purchaser Funded Amount with respect to such Committed Purchaser and the amount of Discount and Fees accruing with respect thereto on such Business Day. Any such recordations by a Funding Agent, absent manifest error, shall constitute prima facie evidence of the accuracy of the information so recorded. The Funding Agents will report the aggregate amounts due to the CP Conduit Purchasers and the Committed Purchasers for the prior calendar month to the Transferor, the Collection Agent and the Administrative Agent not later than two (2) Business Days prior to the related Settlement Date. Furthermore, the Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser will maintain records sufficient to identify the percentage interest of such CP Conduit Purchaser and such Committed Purchaser in the Receivables and any amounts owing thereunder. (b) Upon receipt of funds from the Administrative Agent on each Settlement Date pursuant to Sections 2.05 and 2.06, each Funding Agent shall pay such funds to the related CP Conduit Purchaser and/or the related Committed Purchaser owed such funds in accordance with the recordations maintained by it in accordance with Section 2.24(a). If a Funding Agent shall have paid to any CP Conduit Purchaser or Committed Purchaser any funds that (i) must be returned for any reason (including bankruptcy) or (ii) exceed that which such CP Conduit Purchaser or Committed Purchaser was entitled to receive, such amount shall be promptly repaid to such Funding Agent by such CP Conduit Purchaser or Committed Purchaser.

Appears in 2 contracts

Sources: Receivables Transfer Agreement (Collins & Aikman Corp), Receivables Transfer Agreement (Collins & Aikman Corp)

Funding Agents. (a) The Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser Group is hereby authorized to record on each Business Day the CP Conduit Funded Amount with respect to such CP Conduit Purchaser Group and the aggregate amount of Discount and Fees accruing with respect thereto on such Business Day and the Committed Purchaser APA Bank Funded Amount with respect to such Committed Purchaser Group and the amount of Discount and Fees interest accruing with respect thereto on such Business DayDay and, based on such recordations, to determine the Monthly Funding Costs with respect to each Series 2004-4 Interest Period and such Purchaser Group. Any such recordations recordation by a Funding Agent, absent manifest error, shall constitute prima facie evidence of the accuracy of the information so recorded. The Funding Agents will report the aggregate amounts due to the CP Conduit Purchasers and the Committed Purchasers for the prior calendar month to the Transferor, the Collection Agent and the Administrative Agent not later than two (2) Business Days prior to the related Settlement Date. Furthermore, the Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser will Group shall maintain records sufficient to identify the percentage interest of such the related CP Conduit Purchaser and each APA Bank with respect to such Committed Purchaser Group holding an interest in the Receivables Series 2004-4 Note registered in the name of such Funding Agent and any amounts owing thereunder. (b) Upon receipt of funds from the Administrative Agent on each Settlement Distribution Date pursuant to Sections 2.05 and 2.06the date of any Decrease, each Funding Agent shall pay such funds to the related CP Conduit Purchaser and/or the related Committed Purchaser APA Bank owed such funds in accordance with the recordations maintained by it in accordance with Section 2.24(a)2.9(a) and the Asset Purchase Agreement with respect to such CP Conduit Purchaser. If a Funding Agent shall have paid to any CP Conduit Purchaser or Committed Purchaser APA Bank any funds that (i) must be returned for any reason (including bankruptcy) or (ii) exceed exceeds that which such CP Conduit Purchaser or Committed Purchaser APA Bank was entitled to receive, such amount shall be promptly repaid to such Funding Agent by such CP Conduit Purchaser or Committed PurchaserAPA Bank.

Appears in 2 contracts

Sources: Series 2004 4 Supplement (Cendant Corp), Series 2004 4 Supplement (Cendant Corp)

Funding Agents. (a) The Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser Group is hereby authorized to record on each Business Day the CP Conduit Funded Amount with respect to such CP Conduit Purchaser Group and the aggregate amount of Discount and Fees accruing with respect thereto on such Business Day and the Committed Purchaser APA Bank Funded Amount with respect to such Committed Purchaser Group and the amount of Discount and Fees interest accruing with respect thereto on such Business DayDay and, based on such recordations, to determine the Monthly Funding Costs with respect to each Series 2002-2 Interest Period and such Purchaser Group. Any such recordations recordation by a Funding Agent, absent manifest error, shall constitute prima facie evidence of the accuracy of the information so recorded. The Funding Agents will report the aggregate amounts due to the CP Conduit Purchasers and the Committed Purchasers for the prior calendar month to the Transferor, the Collection Agent and the Administrative Agent not later than two (2) Business Days prior to the related Settlement Date. Furthermore, the Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser Group will maintain records sufficient to identify the percentage interest of such the related CP Conduit Purchaser and each APA Bank with respect to such Committed Purchaser Group holding an interest in the Receivables Series 2002-2 Note registered in the name of such Funding Agent and any amounts owing thereunder. (b) Upon receipt of funds from the Administrative Agent on each Settlement Distribution Date pursuant to Sections 2.05 and 2.06the date of any Decrease, each Funding Agent shall pay such funds to the related CP Conduit Purchaser and/or the related Committed Purchaser APA Bank owed such funds in accordance with the recordations maintained by it in accordance with Section 2.24(a)2.9(a) and the Asset Purchase Agreement with respect to such CP Conduit Purchaser. If a Funding Agent shall have paid to any CP Conduit Purchaser or Committed Purchaser APA Bank any funds that (i) must be returned for any reason (including bankruptcy) or (ii) exceed exceeds that which such CP Conduit Purchaser or Committed Purchaser APA Bank was entitled to receive, such amount shall be promptly repaid to such Funding Agent by such CP Conduit Purchaser or Committed PurchaserAPA Bank.

Appears in 2 contracts

Sources: Amended and Restated Series 2002 2 Supplement (Avis Group Holdings Inc), Series 2002 2 Supplement (Avis Group Holdings Inc)

Funding Agents. (a) The Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser Group is hereby authorized to record on each Business Day the CP Conduit Funded Amount with respect to such CP Conduit Purchaser Group and the aggregate amount of Discount and Fees accruing with respect thereto on such Business Day and the Committed Purchaser APA Bank Funded Amount with respect to such Committed Purchaser Group and the amount of Discount and Fees interest accruing with respect thereto on such Business DayDay and, based on such recordations, to determine the Monthly Funding Costs with respect to each Series 2009-3 Interest Period and such Purchaser Group. Any such recordations recordation by a Funding Agent, absent manifest error, shall constitute prima facie evidence of the accuracy of the information so recorded. The Funding Agents will report the aggregate amounts due to the CP Conduit Purchasers and the Committed Purchasers for the prior calendar month to the Transferor, the Collection Agent and the Administrative Agent not later than two (2) Business Days prior to the related Settlement Date. Furthermore, the Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser Group will maintain records sufficient to identify the percentage interest of such the related CP Conduit Purchaser and each APA Bank with respect to such Committed Purchaser Group holding an interest in the Receivables Series 2009-3 Note registered in the name of such Funding Agent and any amounts owing thereunder. (b) Upon receipt of funds from the Administrative Agent on each Settlement Distribution Date pursuant to Sections 2.05 and 2.06the date of any Decrease, each Funding Agent shall pay such funds to the related CP Conduit Purchaser and/or the related Committed Purchaser APA Bank owed such funds in accordance with the recordations maintained by it in accordance with Section 2.24(a)2.9(a) and the Asset Purchase Agreement with respect to such CP Conduit Purchaser. If a Funding Agent shall have paid to any CP Conduit Purchaser or Committed Purchaser APA Bank any funds that (i) must be returned for any reason (including bankruptcy) or (ii) exceed exceeds that which such CP Conduit Purchaser or Committed Purchaser APA Bank was entitled to receive, such amount shall be promptly repaid to such Funding Agent by such CP Conduit Purchaser or Committed PurchaserAPA Bank. ARTICLE III SERIES 2009-3 ALLOCATIONS Section 3.1. Establishment of Series 2009-3 Collection Account, Series 2009-3 Excess Collection Account and Series 2009-3

Appears in 1 contract

Sources: Series Supplement (Avis Budget Group, Inc.)

Funding Agents. (a) The Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser Group is hereby authorized to record on each Business Day the CP Conduit Funded Amount with respect to such CP Conduit Purchaser Group and the aggregate amount of Discount and Fees accruing with respect thereto on such Business Day and the Committed Purchaser APA Bank Funded Amount with respect to such Committed Purchaser Group and the amount of Discount and Fees interest accruing with respect thereto on such Business DayDay and, based on such recordations, to determine the Monthly Funding Costs with respect to each Series 2006-2 Interest Period and such Purchaser Group. Any such recordations recordation by a Funding Agent, absent manifest error, shall constitute prima facie evidence of the accuracy of the information so recorded. The Funding Agents will report the aggregate amounts due to the CP Conduit Purchasers and the Committed Purchasers for the prior calendar month to the Transferor, the Collection Agent and the Administrative Agent not later than two (2) Business Days prior to the related Settlement Date. Furthermore, the Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser will Group shall maintain records sufficient to identify the percentage interest of such the related CP Conduit Purchaser and each APA Bank with respect to such Committed Purchaser Group holding an interest in the Receivables Series 2006-2 Note registered in the name of such Funding Agent and any amounts owing thereunder. (b) Upon receipt of funds from the Administrative Agent on each Settlement Distribution Date pursuant to Sections 2.05 and 2.06the date of any Decrease, each Funding Agent shall pay such funds to the related CP Conduit Purchaser and/or the related Committed Purchaser APA Bank owed such funds in accordance with the recordations maintained by it in accordance with Section 2.24(a)2.9(a) and the Asset Purchase Agreement with respect to such CP Conduit Purchaser. If a Funding Agent shall have paid to any CP Conduit Purchaser or Committed Purchaser APA Bank any funds that (i) must be returned for any reason (including bankruptcy) or (ii) exceed exceeds that which such CP Conduit Purchaser or Committed Purchaser APA Bank was entitled to receive, such amount shall be promptly repaid to such Funding Agent by such CP Conduit Purchaser or Committed PurchaserAPA Bank.

Appears in 1 contract

Sources: Series 2006 2 Supplement (Cendant Corp)

Funding Agents. (a) The Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser Group is hereby authorized to record on each Business Day the CP Conduit Funded Amount with respect to such CP Conduit Purchaser Group and the aggregate amount of Discount and Fees accruing with respect thereto on such Business Day and the Committed Purchaser APA Bank Funded Amount with respect to such Committed Purchaser Group and the amount of Discount and Fees interest accruing with respect thereto on such Business DayDay and, based on such recordations, to determine the Monthly Funding Costs with respect to each Series 2002-4 Interest Period and such Purchaser Group. Any such recordations recordation by a Funding Agent, absent manifest error, shall constitute prima facie evidence of the accuracy of the information so recorded. The Funding Agents will report the aggregate amounts due to the CP Conduit Purchasers and the Committed Purchasers for the prior calendar month to the Transferor, the Collection Agent and the Administrative Agent not later than two (2) Business Days prior to the related Settlement Date. Furthermore, the Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser Group will maintain records sufficient to identify the percentage interest of such the related CP Conduit Purchaser and each APA Bank with respect to such Committed Purchaser Group holding an interest in the Receivables Series 2002-4 Note registered in the name of such Funding Agent and any amounts owing thereunder. (b) Upon receipt of funds from the Administrative Agent on each Settlement Distribution Date pursuant to Sections 2.05 and 2.06the date of any Decrease, each Funding Agent shall pay such funds to the related CP Conduit Purchaser and/or the related Committed Purchaser APA Bank owed such funds in accordance with the recordations maintained by it in accordance with Section 2.24(a)2.9(a) and the Asset Purchase Agreement with respect to such CP Conduit Purchaser. If a Funding Agent shall have paid to any CP Conduit Purchaser or Committed Purchaser APA Bank any funds that (i) must be returned for any reason (including bankruptcy) or (ii) exceed exceeds that which such CP Conduit Purchaser or Committed Purchaser APA Bank was entitled to receive, such amount shall be promptly repaid to such Funding Agent by such CP Conduit Purchaser or Committed PurchaserAPA Bank.

Appears in 1 contract

Sources: Series 2002 4 Supplement (Avis Group Holdings Inc)

Funding Agents. (a) The Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser Group is hereby authorized to record on each Business Day the CP Conduit Funded Amount with respect to such CP Conduit Purchaser Group and the aggregate aggre­gate amount of Discount and Fees accruing with respect thereto on such Business Day and the Committed Purchaser APA Bank Funded Amount with respect to such Committed Purchaser Group and the amount of Discount and Fees interest accruing with respect thereto on such Business DayDay and, based on such recordations, to determine the Monthly Funding Costs with respect to each Series 2008-1 Interest Period and such Purchaser Group. Any such recordations recordation by a Funding Agent, absent manifest error, shall constitute prima facie evidence of the accuracy of the information so recorded. The Funding Agents will report the aggregate amounts due to the CP Conduit Purchasers and the Committed Purchasers for the prior calendar month to the Transferor, the Collection Agent and the Administrative Agent not later than two (2) Business Days prior to the related Settlement Date. FurthermoreFurther­more, the Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser Group will maintain records sufficient to identify iden­tify the percentage interest of such the related CP Conduit Purchaser and each APA Bank with respect to such Committed Purchaser Group holding an interest in the Receivables Series 2008-1 Note registered in the name of such Funding Agent and any amounts owing thereunder. (b) Upon receipt of funds from the Administrative Agent on each Settlement Distribution Date pursuant to Sections 2.05 and 2.06the date of any Decrease, each Funding Agent shall pay such funds to the related CP Conduit Purchaser and/or the related Committed Purchaser APA Bank owed such funds in accordance with the recordations recorda­tions maintained by it in accordance with Section 2.24(a)2.9(a) and the Asset Purchase Agreement with respect to such CP Conduit Purchaser. If a Funding Agent shall have paid to any CP Conduit Purchaser or Committed Purchaser APA Bank any funds that (i) must be returned for any reason (including bankruptcy) or (ii) exceed exceeds that which such CP Conduit Purchaser or Committed Purchaser APA Bank was entitled to receive, such amount shall be promptly repaid to such Funding Agent by such CP Conduit Purchaser or Committed PurchaserAPA Bank.

Appears in 1 contract

Sources: Series 2008 1 Supplement (Avis Budget Group, Inc.)

Funding Agents. (a) The Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser is hereby authorized to record on each Business Day the CP Conduit Funded Amount with respect to such CP Conduit Purchaser and the aggregate amount of Discount and Fees accruing with respect thereto on such Business Day and the Committed Purchaser APA Bank Funded Amount with respect to such Committed Purchaser and the amount of Discount and Fees interest accruing with respect thereto on such Business DayDay and, based on such recordations, to determine the Monthly Funding Costs with respect to each Settlement Period and such Purchaser. Any such recordations recordation by a Funding Agent, absent manifest error, shall constitute prima facie PRIMA FACIE evidence of the accuracy of the information so recorded. The Funding Agents will report the aggregate amounts due to the CP Conduit Purchasers and the Committed Purchasers for the prior calendar month to the Transferor, the Collection Agent and the Administrative Agent not later than two (2) Business Days prior to the related Settlement Date. Furthermore, the Funding Agent with respect to each CP Conduit Purchaser and Committed Purchaser will maintain records sufficient to identify the percentage interest of such the related CP Conduit Purchaser and each APA Bank with respect to such Committed Purchaser holding an interest in the Receivables Series 2001-1 Investor Note registered in the name of such Funding Agent and any amounts owing thereunder. (b) Upon receipt of funds from the Administrative Agent on each Settlement Date pursuant to Sections 2.05 and 2.06Payment Date, each Funding Agent shall pay such funds to the related CP Conduit Purchaser and/or the related Committed Purchaser APA Bank owed such funds in accordance with the recordations maintained by it in accordance with Section 2.24(a)SECTION 2.9(a) and the Asset Purchase Agreement with respect to such CP Conduit Purchaser. If a Funding Agent shall have paid to any CP Conduit Purchaser or Committed Purchaser APA Bank any funds that (i) must be returned for any reason (including bankruptcy) or (ii) exceed exceeds that which such CP Conduit Purchaser or Committed Purchaser APA Bank was entitled to receive, such amount shall be promptly repaid to such Funding Agent by such CP Conduit Purchaser or Committed PurchaserAPA Bank.

Appears in 1 contract

Sources: Indenture Supplement (Goodyear Tire & Rubber Co /Oh/)