Common use of Identification and Transfer of Collections Clause in Contracts

Identification and Transfer of Collections. Servicer shall cause Collections and all other Transferred Assets that consist of cash or cash equivalents to be deposited into the Bank Accounts and the Transaction Accounts pursuant to the terms and provisions of Section 3.3 and Article IV. Following notification from any Seller to Servicer or discovery by Servicer that collections of any receivable or other asset that is not a Collection of a Receivable or any other Transferred Asset have been deposited into a Bank Account or any Transaction Accounts, Servicer shall cause all such collections to be segregated, apart and in different accounts, from the Bank Accounts and the Transaction Accounts. Servicer and, to the extent applicable, Trustee shall hold all such funds in trust, separate and apart from such Person's other funds. On each Business Day, after such misdirected collections have been reasonably identified by Servicer to Trustee, Servicer shall instruct Trustee to, and Trustee shall, turn over to the appropriate Lockbox Bank, applicable Seller or other applicable Related Person (or their designees) all such misdirected collections less all reasonable and appropriate out-of-pocket costs and expenses, if any, incurred by Servicer or the Trustee in collecting and otherwise administering such amounts. Following notification from a Lockbox Bank that any item has been returned or is uncollected and that such Lockbox Bank has not been otherwise reimbursed pursuant to the terms of the applicable Lockbox Agreement for any amounts it credited to the relevant Lockbox Account (and then transferred to the Master Collection Account), Servicer shall instruct Trustee to, and Trustee shall, turn over to such Lockbox Bank Collections in such amount from Collections on deposit in the Master Collection Account (unless the applicable Seller has not made any payment required pursuant to Section 3.1(a) of the Receivables Purchase Agreement, in which case such amounts shall be retained by Trustee to the extent necessary to satisfy such payment obligation).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (International Comfort Products Corp), Pooling and Servicing Agreement (International Comfort Products Corp)

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Identification and Transfer of Collections. Servicer shall cause Collections and all other Transferred Assets that consist of cash or cash equivalents to be deposited into the Bank Accounts and the Transaction Accounts pursuant to the terms and provisions of Section 3.3 and Article IV. Following notification from any Seller to Servicer or discovery by Servicer that collections of any receivable or other asset amounts that is are not a Collection Collections of a Receivable or any other a Related Transferred Asset have been deposited into a Bank Account or any Transaction Accountsthe Master Collection Account, Servicer shall cause all such collections amounts to be segregated, apart and in different accounts, from the Bank Accounts and the Transaction Accounts. Servicer and, to the extent applicable, Trustee shall hold all such funds in trust, separate and apart from such Person's other funds. On each Business Day, after such misdirected misapplied collections have been reasonably identified by Servicer to Trustee, Servicer shall instruct Trustee to, and Trustee shall, turn over to the appropriate Lockbox Bank, applicable Seller or other applicable Related Big Flower Person (or their designees) all such misdirected misapplied collections less all reasonable and appropriate out-of-pocket costs and expenses, if any, incurred by Servicer or the Trustee in collecting such receivables. All payments made by an Obligor that is obligated to make payments with respect to both Receivables included in the Transferred Assets and otherwise administering Receivables not included in the Transferred Assets shall be applied against the Receivables, if any, that are designated by such amountsObligor by reference to the applicable invoice as the Receivables with respect to which such payments should be applied. In the absence of such designation, such payments shall be applied first against the oldest outstanding Receivables owed by such Obligor. Following notification from a Lockbox Bank that any item has been returned or is uncollected and that such Lockbox Bank has not been otherwise reimbursed pursuant to the terms of the applicable Lockbox Agreement for any amounts it credited to the relevant Lockbox Account (and then transferred to the Master Collection Account), Servicer shall instruct Trustee to, and Trustee shall, turn over to such Lockbox Bank Collections in such amount from Collections on deposit in the Master Collection Account (unless the applicable Seller has not made any payment required pursuant to Section 3.1(a) of the Receivables Purchase Agreement, in which case such amounts shall be retained by Trustee to the extent necessary to satisfy such payment obligation)Account.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Big Flower Press Holdings Inc)

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Identification and Transfer of Collections. Servicer shall cause Collections and all other Transferred Assets Collateral that consist of cash or cash equivalents to be deposited into the Bank Accounts and the Transaction Accounts pursuant to the terms and provisions of Section SECTION 3.3 and Article ARTICLE IV. Following notification from any Seller to Servicer or discovery by Servicer that collections of any receivable or other asset amounts that is are not a Collection Collections of a Receivable or any other Transferred a Related Pledged Asset have been deposited into a Bank Account or any Transaction Accountsthe Master Collection Account, Servicer shall cause all such collections amounts to be segregated, apart and in different accounts, from the Bank Accounts and the Transaction Accounts. Servicer and, to the extent applicable, Trustee shall hold all such funds in trust, separate and apart from such Person's other funds. On each Business Day, after such misdirected misapplied collections have been reasonably identified by Servicer to Trustee, Servicer shall instruct Trustee to, and Trustee shall, turn over to the appropriate Lockbox Bank, applicable Seller or other applicable Related Xxxxxx Person (or their designees) all such misdirected misapplied collections less all reasonable and appropriate out-of-pocket costs and expenses, if any, incurred by Servicer or the Trustee in collecting such receivables. All payments made by an Obligor that is obligated to make payments with respect to both Receivables included in the Collateral and otherwise administering Receivables not included in the Collateral shall be applied against the Receivables, if any, that are designated by such amountsObligor by reference to the applicable invoice as the Receivables with respect to which such payments should be applied. In the absence of such designation, such payments shall be applied first against the oldest outstanding Receivables owed by such Obligor. Following notification from a Lockbox Bank that any item has been returned or is uncollected and that such Lockbox Bank has not been otherwise reimbursed pursuant to the terms of the applicable Lockbox Agreement for any amounts it credited to the relevant Lockbox Account (and then transferred to the Master Collection Account), Servicer shall instruct Trustee to, and Trustee shall, turn over to such Lockbox Bank Collections in such amount from Collections on deposit in the Master Collection Account (unless the applicable Seller has not made any payment required pursuant to Section 3.1(a) of the Receivables Purchase Agreement, in which case such amounts shall be retained by Trustee to the extent necessary to satisfy such payment obligation)Account.

Appears in 1 contract

Samples: Indenture and Servicing Agreement (Vertis Inc)

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