Incorrect Payments. If from time to time payments of monies are incorrectly paid into the Trustee Collection Account ("INCORRECT PAYMENTS"), such monies may incorrectly be deemed to be Collections representing Trust Property and allocated in a manner consistent with the principles set out in the First Schedule (as amended by any Supplement) unless prior to such allocation the Receivables Trustee is notified by the Trust Cash Manager or any Co-Trust Cash Manager that such monies are Incorrect Payments. Notwithstanding the above, promptly following the notification to the Receivables Trustee by the Trust Cash Manager or Co-Trust Cash Manager that such payments were incorrectly deemed to be Trust Property and have been incorrectly allocated, the Receivables Trustee shall: (i) apply Trust Property in a manner consistent with the principles set out in the First Schedule (as amended by any Supplement) to repay such Incorrect Payments; and (ii) amend its books of account to record that (A) the Eligible Receivables Pool has been increased by the amount of Principal Receivables, if any, previously incorrectly deducted and that Incorrect Payments incorrectly allocated as Principal Collections have been repaid, (B) the Transferor Interest has been increased by the same amount of Principal Receivables, if any, which were incorrectly added to the Eligible Receivables Pool and (C) following any deduction from Finance Charge Collections for such purpose, Incorrect Payments incorrectly allocated as Finance Charge Collections, if any, have been repaid; and the entitlement of the Beneficiaries to Trust Property shall be adjusted accordingly.
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Samples: Deed of Amendment and Restatement (Barclaycard Funding PLC), Trust and Cash Management Agreement (Gracechurch Receivables Trustee LTD)
Incorrect Payments. If from time to time payments of monies are incorrectly deemed to be Trust Property and paid into the Trustee Collection Account ("INCORRECT PAYMENTS"), such monies may incorrectly be deemed to be Collections representing Trust Property and allocated in a manner consistent with the principles set out in the First Schedule this Deed (as amended by any Supplement) unless prior to such allocation the Receivables Trustee is notified by the Trust Cash Manager or any Co-Trust Cash Manager that such monies are Incorrect Payments. Notwithstanding the above, promptly following the notification to the Receivables Trustee by the Trust Cash Manager or Co-Trust Cash Manager that such payments were incorrectly deemed to be Trust Property and and, if applicable, have been incorrectly allocated, the Receivables Trustee shall:
(i) apply Trust Property in a manner consistent with the principles set out in the First Schedule this Deed (as amended by any Supplement) to repay such Incorrect Payments; and
(ii) amend its books of account to record that (A) the Eligible Receivables Pool pool of Ineligibles Bare Trust Property has been increased by the amount of Principal Receivables, if any, previously incorrectly deducted and that equal to the amount of Incorrect Payments incorrectly allocated as Principal Collections have (and such amount of Incorrect Payments shall be treated as having been repaid), (B) the Transferor Interest has been increased by the same amount of Principal Receivables, if any, which were incorrectly added to the Eligible Receivables Pool and (C) following any deduction reduction of an amount of Incorrect Payments incorrectly allocated as Finance Charge Collections from Finance Charge Collections for Collections, such purpose, amount of Incorrect Payments incorrectly allocated as Finance Charge Collections, if any, have shall be treated as having been repaid; and the entitlement of the Beneficiaries to Trust Property shall be adjusted accordingly.
Appears in 2 contracts
Samples: Receivables Trust Deed and Trust Cash Management Agreement (Arran Funding LTD), Receivables Trust Deed and Trust Cash Management Agreement (Arran Funding LTD)
Incorrect Payments. If from time to time payments of monies are incorrectly paid into the Trustee Collection Account ("INCORRECT PAYMENTS"), such monies may incorrectly be deemed to be Collections representing Trust Property and allocated in a manner consistent with the principles set out in the First Schedule (as amended by any Supplement) unless prior to such allocation the Receivables Trustee is notified by the Trust Cash Manager or any Co-Co- Trust Cash Manager that such monies are Incorrect Payments. Notwithstanding the above, promptly following the notification to the Receivables Trustee by the Trust Cash Manager or Co-Trust Cash Manager that such payments were incorrectly deemed to be Trust Property and have been incorrectly allocated, the Receivables Trustee shall:
(i) apply Trust Property in a manner consistent with the principles set out in the First Schedule (as amended by any Supplement) to repay such Incorrect Payments; and
(ii) amend its books of account to record that (A) the Eligible Receivables Pool has been increased by the amount of Principal Receivables, if any, previously incorrectly deducted and that Incorrect Payments incorrectly allocated as Principal Collections have been repaid, (B) the Transferor Interest has been increased by the same amount of Principal Receivables, if any, which were incorrectly added to the Eligible Receivables Pool and (C) following any deduction from Finance Charge Collections for such purpose, Incorrect Payments incorrectly allocated as Finance Charge Collections, if any, have been repaid; and the entitlement of the Beneficiaries to Trust Property shall be adjusted accordingly.
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Samples: Deed of Amendment and Restatement (Barclaycard Funding PLC)
Incorrect Payments. If from time to time payments of monies are incorrectly deemed to be Trust Property and paid into the Trustee Collection Account ("INCORRECT PAYMENTSIncorrect Payments"), such monies may incorrectly be deemed to be Collections representing Trust Property and allocated in a manner consistent with the principles set out in the First Schedule this Deed (as amended by any Supplement) unless prior to such allocation the Receivables Trustee is notified by the Trust Cash Manager or any Co-Trust Cash Manager Servicer that such monies are Incorrect Payments. Notwithstanding the above, promptly following the notification to the Receivables Trustee by the Trust Cash Manager or Co-Trust Cash Manager Servicer that such payments were incorrectly deemed to be Trust Property and and, if applicable, have been incorrectly allocated, the Receivables Trustee shall:
(i) apply Trust Property (deemed or otherwise) in a manner consistent with the principles set out in the First Schedule this Deed (as amended by any Supplement) to repay such Incorrect Payments; and
(ii) amend its books of account to record that (A) the Eligible Receivables Pool pool of Undivided Bare Trust Property has been increased by the amount of Principal Receivables, if any, previously incorrectly deducted and that equal to the amount of Incorrect Payments incorrectly allocated as Principal Collections have (and such amount of Incorrect Payments shall be treated as having been repaid), (B) the Transferor Interest has been increased by the same amount of Principal Receivables, if any, which were incorrectly added to deducted from the Eligible Receivables Pool pool of Undivided Bare Trust Property and (C) following any deduction reduction of an amount of Incorrect Payments incorrectly allocated as Finance Charge Collections from Finance Charge Collections for Collections, such purpose, amount of Incorrect Payments incorrectly allocated as Finance Charge Collections, if any, have shall be treated as having been repaid; , and the recording of the entitlement of the Beneficiaries to Trust Property shall be adjusted affected accordingly.
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Incorrect Payments. If from time to time payments of monies are incorrectly deemed to be Trust Property and paid into the Trustee Collection Account ("INCORRECT PAYMENTS"Incorrect Payments), such monies may incorrectly be deemed to be Collections representing Trust Property and allocated in a manner consistent with the principles set out in the First Schedule this Deed (as amended by any Trust Supplement) unless prior to such allocation the Receivables Trustee is notified by the Trust Cash Manager or any Co-Trust Cash Manager Servicer that such monies are Incorrect Payments. Notwithstanding the above, promptly following the notification to the Receivables Trustee by the Trust Cash Manager or Co-Trust Cash Manager Servicer that such payments were incorrectly deemed to be Trust Property and and, if applicable, have been incorrectly allocated, the Receivables Trustee shall:
(i) apply Trust Property (incorrectly deemed as Trust Property or otherwise paid in as Incorrect Payments) in a manner consistent with the principles set out in the First Schedule this Deed (as amended by any Trust Supplement) to repay such Incorrect Payments; and
(ii) amend its books of account to record that (A) the Eligible Receivables Pool pool of Undivided Bare Trust Property has been increased by the amount of Principal Receivables, if any, previously incorrectly deducted and that equal to the amount of Incorrect Payments incorrectly allocated as Principal Collections have (and such amount of Incorrect Payments shall be treated as having been repaid), (B) the Transferor Interest has been increased by the same amount of Principal Receivables, if any, which were incorrectly added to deducted from the Eligible Receivables Pool pool of Undivided Bare Trust Property (after deducting from the said amount, the amount of any repayments made in accordance with (i) above, of amounts treated previously as Principal Collections) and (C) following any deduction reduction of an amount of Incorrect Payments incorrectly allocated as Finance Charge Collections from Finance Charge Collections for Collections, such purpose, amount of Incorrect Payments incorrectly allocated as Finance Charge Collections, if any, have shall be treated as having been repaid; and the recording of the entitlement of the Beneficiaries to Trust Property shall be adjusted affected accordingly.
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Incorrect Payments. If from time to time (i) payments of monies are incorrectly paid into the Trustee Collection Account ("INCORRECT PAYMENTS"), such monies may incorrectly be deemed to be Collections representing Trust Property and allocated in a manner consistent with the principles set out in the First Schedule (as amended by any Supplement) unless prior to such allocation the Receivables Trustee is notified by the Trust Cash Manager or any Co-Trust Cash Manager that such monies are Incorrect Payments. Notwithstanding the above, promptly following the notification to the Receivables Trustee by the Trust Cash Manager or Co-Trust Cash Manager that such payments were incorrectly deemed to be Trust Property and have been paid into the Receivables Trustee Collection Account ("Incorrect Payments") and (ii) such monies are incorrectly allocatedallocated as Trust Property in accordance with this Deed (as amended by any Supplement), then the Receivables Trustee shall be notified by the Servicer that such monies are Incorrect Payments and, promptly following such notification, the Receivables Trustee shall:
(i) apply such Trust Property in a manner consistent with the principles set out in the First Schedule this Deed (as amended by any Supplement) to repay the benefit of such Incorrect Payments; and
(ii) amend its books of account to record that (A) the Eligible Receivables Pool pool of Undivided Bare Trust Property has been increased by the amount of Principal Receivables, if any, previously incorrectly deducted and that equal to the amount of Incorrect Payments incorrectly allocated as Principal Collections have been repaidCollections, (B) the Transferor Interest has been increased by the same amount of Principal Receivables, if any, which were incorrectly added to deducted from the Eligible Receivables Pool pool of Undivided Bare Trust Property and (C) following any deduction of an amount of Incorrect Payments incorrectly allocated as Finance Charge Collections from Finance Charge Collections for and its repayment to the Transferor, such purpose, amount of Incorrect Payments incorrectly allocated as Finance Charge Collections, if any, have shall be treated as having been repaid; , and the recording of the entitlement of the Beneficiaries to Trust Property shall be adjusted affected accordingly.
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Incorrect Payments. If from time to time payments of monies are incorrectly deemed to be Trust Property and paid into the Trustee Collection Account ("INCORRECT PAYMENTS"), such monies may incorrectly be deemed to be Collections representing Trust Property and allocated in a manner consistent with the principles set out in the First Schedule this Deed (as amended by any Supplement) unless prior to such allocation the Receivables Trustee is notified by the Trust Cash Manager or any Co-Trust Cash Manager Servicer that such monies are Incorrect Payments. Notwithstanding the above, promptly following the notification to the Receivables Trustee by the Trust Cash Manager or Co-Trust Cash Manager Servicer that such payments were incorrectly deemed to be Trust Property and and, if applicable, have been incorrectly allocated, the Receivables Trustee shall:
(i) apply Trust Property (deemed or otherwise) in a manner consistent with the principles set out in the First Schedule this Deed (as amended by any Supplement) to repay such Incorrect Payments; and
(ii) amend its books of account to record that (A) the Eligible Receivables Pool pool of Undivided Bare Trust Property has been increased by the amount of Principal Receivables, if any, previously incorrectly deducted and that equal to the amount of Incorrect Payments incorrectly allocated as Principal Collections have (and such amount of Incorrect Payments shall be treated as having been repaid), (B) the Transferor Interest has been increased by the same amount of Principal Receivables, if any, which were incorrectly added to deducted from the Eligible Receivables Pool pool of Undivided Bare Trust Property and (C) following any deduction reduction of an amount of Incorrect Payments incorrectly allocated as Finance Charge Collections from Finance Charge Collections for Collections, such purpose, amount of Incorrect Payments incorrectly allocated as Finance Charge Collections, if any, have shall be treated as having been repaid; , and the recording of the entitlement of the Beneficiaries to Trust Property shall be adjusted affected accordingly.
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Samples: Receivables Trust Deed and Servicing Agreement (Turquoise Receivables Trustee LTD)