Common use of Misdirected Collections Clause in Contracts

Misdirected Collections. Each Co-Issuer agrees that if any Collections (other than Excluded Amounts) shall be received by such Co-Issuer or any other applicable Securitization Entity in an account other than an Account or in any other manner, such monies, instruments, cash and other proceeds will not be commingled by such Co-Issuer or such other Securitization Entity with any of their other funds or property, if any, but will be held separate and apart therefrom and shall be held in trust by such Co-Issuer or such other Securitization Entity for, and, within one (1) Business Day of the identification of such payment, paid over to, the Trustee, with any necessary endorsement. The Trustee shall withdraw from the applicable Collection Account any monies on deposit therein that the applicable Manager certifies to the Trustee and the Servicer are not Retained Collections and pay such amounts to or at the direction of such Manager. All monies, instruments, cash and other proceeds of the Collateral received by the Trustee pursuant to the Indenture shall be immediately deposited in the applicable Collection Account and shall be applied as provided in this Article V.

Appears in 5 contracts

Samples: Amendment No. 11 to the Amended and Restated Base Indenture (Driven Brands Holdings Inc.), Amendment No. 9 to the Amended and Restated Base Indenture (Driven Brands Holdings Inc.), Base Indenture (Driven Brands Holdings Inc.)

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Misdirected Collections. Each The Co-Issuer agrees Issuers agree that if any Collections (other than Excluded Amounts) shall be received by such any Co-Issuer or any other applicable Securitization Entity in an account other than an Account or in any other manner, such monies, instruments, cash and other proceeds will not be commingled by such Co-Issuer or such other Securitization Entity with any of their other funds or property, if any, but will be held separate and apart therefrom and shall be held in trust by such Co-Issuer or such other Securitization Entity for, and, within one (1) Business Day of the identification of such payment, paid over to, the Trustee, with any necessary endorsement. The Trustee shall withdraw from the applicable Collection Account any monies on deposit therein that the applicable Manager certifies to the Trustee it and the Servicer are not Retained Collections and pay such amounts to or at the direction of such the Manager. All monies, instruments, cash and other proceeds of the Collateral received by the Trustee pursuant to the Indenture shall be immediately deposited in the applicable Collection Account and shall be applied as provided in this Article V.

Appears in 3 contracts

Samples: Base Indenture (Dine Brands Global, Inc.), Base Indenture (Dine Brands Global, Inc.), Base Indenture (DineEquity, Inc)

Misdirected Collections. Each The Co-Issuer agrees Issuers agree that if any Retained Collections (other than Excluded Amounts) shall be received by such any Co-Issuer or any other applicable Securitization Entity in an account other than an the Lock-Box Account, the Concentration Account or the Collection Account or in any other manner, such monies, instruments, cash and other proceeds will not be commingled by such Co-Issuer or such other Securitization Entity with any of their other funds or property, if any, but will be held separate and apart therefrom and shall be held in trust by such Co-Issuer or such other Securitization Entity for, and, within one (1) Business Day of the identification of such payment, paid over to, the Trustee, with any necessary endorsement. The Trustee shall withdraw from the applicable Collection Account any monies on deposit therein that the applicable Manager Servicer certifies to the Trustee it and the Servicer Control Party are not Retained Collections and pay such amounts to or at the direction of such Managerthe Servicer. All monies, instruments, cash and other proceeds of the Collateral received by the Trustee pursuant to the Indenture shall be immediately deposited in the applicable Collection Account and shall be applied as provided in this Article V.

Appears in 1 contract

Samples: Base Indenture (Sonic Corp)

Misdirected Collections. Each The Co-Issuer agrees Issuers agree that if any Retained Collections (other than Excluded Amounts) shall be received by such any Co-Issuer or any other applicable Securitization Entity in an account other than an the Lock-Box Account, the Concentration Account or the Collection Account or in any other manner, such monies, instruments, cash and other proceeds will not be commingled by such Co-Issuer or such other Securitization Entity with any of their other funds or property, if any, but will be held separate and apart therefrom and shall be held in trust by such Co-Issuer or such other Securitization Entity for, and, within one (1) Business Day of the identification of such payment, paid over to, the Trustee, with any necessary endorsement. The Trustee shall withdraw from the applicable Collection Account any monies on deposit therein that the applicable Manager certifies to the Trustee it and the Servicer are not Retained Collections and pay such amounts to or at the direction of such the Manager. All monies, instruments, cash and other proceeds of the Collateral received by the Trustee pursuant to the Indenture shall be immediately deposited in the applicable Collection Account and shall be applied as provided in this Article V.

Appears in 1 contract

Samples: Base Indenture (Sonic Corp)

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Misdirected Collections. Each The Co-Issuer agrees Issuers agree that if any Collections (other than Excluded Amounts) shall be received by such any Co-Issuer or any other applicable Securitization Entity in an account other than an a Concentration Account or the Collection Account or in any other manner, such monies, instruments, cash and other proceeds will not be commingled by such Co-Issuer or such other Securitization Entity with any of their other funds or property, if any, but will be held separate and apart therefrom and shall be held in trust by such Co-Issuer or such other Securitization Entity for, and, within one (1) Business Day of the identification of such payment, paid over to, the Trustee, with any necessary endorsement. The Trustee shall withdraw from the applicable Collection Account any monies on deposit therein that the applicable Manager certifies to the Trustee it and the Servicer are not Retained Collections and pay such amounts to or at the direction of such the Manager. All monies, instruments, cash and other proceeds of the Collateral received by the Trustee pursuant to the Indenture shall be immediately deposited in the applicable Collection Account and shall be applied as provided in this Article V.

Appears in 1 contract

Samples: Base Indenture (Iconix Brand Group, Inc.)

Misdirected Collections. Each The IssuerEach Co-Issuer agrees that if any Collections (other than Excluded Amounts) shall be received by such the Issuersuch Co-Issuer or any other applicable Securitization Entity in an account other than an Account or in any other manner, such monies, instruments, cash and other proceeds will not be commingled by such the Issuersuch Co-Issuer or such other Securitization Entity with any of their other funds or property, if any, but will be held separate and apart therefrom and shall be held in trust by such the Issuersuch Co-Issuer or such other Securitization Entity for, and, within one (1) Business Day of the identification of such payment, paid over to, the Trustee, with any necessary endorsement. The Trustee shall withdraw from the applicable Collection Account any monies on deposit therein that the applicable Manager certifies to the Trustee and the Servicer are not Retained Collections and pay such amounts to or at the direction of such thesuch Manager. All monies, instruments, cash and other proceeds of the Collateral received by the Trustee pursuant to the Indenture shall be immediately deposited in the applicable Collection Account and shall be applied as provided in this Article V.

Appears in 1 contract

Samples: Base Indenture (Driven Brands Holdings Inc.)

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