Common use of Non-Liquidation Settlement Procedures Clause in Contracts

Non-Liquidation Settlement Procedures. On each day ------------------------------------- (other than a Liquidation Day or a Provisional Liquidation Day) during each Settlement Period for each Share, the Collection Agent shall: (i) out of Collections of Pool Receivables attributable to such Share received on such day, set aside and hold in trust for the Owner of such Share an amount equal to the Yield, Miscellaneous Fees and Collection Agent Fee accrued through such day for such Share and not so previously set aside and (ii) reinvest the remainder of such Collections, for the benefit of such Owner, by recomputation of such Share pursuant to Section 2.04 as of the end of such day and the payment of such remainder to the Seller; provided, however, that, to the extent that the Agent -------- ------- or any Owner shall be required for any reason to return any amount of Collections which shall have been previously reinvested for the account of such Owner pursuant hereto, such amount shall be deemed not to have been so applied but rather to have been retained by the Seller for the account of such Owner and, notwithstanding any provision hereof to the contrary, such Owner shall have a claim for such amount. On the first day of each calendar month, the Collection Agent shall deposit to the Agent's Account for the account of the Owner of each Share the amounts set aside as described in clause (i) of the first sentence of this Section 2.05 during the preceding calendar month; provided, however, that, -------- ------- if a Liquidation Day shall occur during any Settlement Period for any Share during such preceding calendar month, the Collection Agent shall so deposit such amounts on the last day of such Settlement Period. Upon receipt of such funds by the Agent, the Agent shall distribute them first to the Owner of such Share in payment of the accrued Yield and Miscellaneous Fees for such Share and then to the Collection Agent in payment of the accrued Collection Agent Fee payable with respect to such Share. If there shall be insufficient funds on deposit for the payment in full of the aforementioned amounts, the Agent shall distribute funds, first, in payment of the accrued Collection Agent Fee payable with respect to such Share, and second, in payment of the accrued Yield for such Share and third, in payment of the accrued Miscellaneous Fees payable with respect to such Share.

Appears in 1 contract

Samples: Receivables Purchase and Sale Agreement (Alliant Energy Corp)

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Non-Liquidation Settlement Procedures. On each day ------------------------------------- (other than a Liquidation Day or a Provisional Liquidation Day) during each Settlement Period for each ShareEligible Asset, the Collection Agent shall: (i) out of Collections of Pool Receivables attributable to such Share Eligible Asset received on such day, set aside and hold in trust for the Owner of such Share Eligible Asset an amount equal to the Yield, Miscellaneous Fees Yield and Collection Agent Fee accrued through such day for such Share Eligible Asset and not so previously set aside and (ii) reinvest the remainder of such Collections, for the benefit of such Owner, by recomputation of such Share Eligible Asset pursuant to Section 2.04 as of the end of such day and the payment of such remainder to the Seller; providedPROVIDED, howeverHOWEVER, that, to the extent that the Agent -------- ------- or any Owner shall be required for any reason to return pay over any amount of Collections which shall have been previously reinvested for the account of such Owner pursuant hereto, such amount shall be deemed not to have been so applied but rather to have been retained by the Seller and paid over for the account of such Owner and, notwithstanding any provision hereof to the contrary, such Owner shall have a claim for such amount. On the first last day of each calendar monthSettlement Period for each Eligible Asset, the Collection Agent shall deposit to the Agent's Account for the account of the Owner of each Share such Eligible Asset the amounts set aside as described in clause (i) of the first sentence of this Section 2.05 during the preceding calendar month; provided, however, that, -------- ------- if a Liquidation Day shall occur during any Settlement Period for any Share during such preceding calendar month, the Collection Agent shall so deposit such amounts on the last day of such Settlement Period2.05. Upon receipt of such funds by the Agent, the Agent shall distribute them first to the Owner of such Share Eligible Asset in payment of the accrued Yield and Miscellaneous Fees for such Share Eligible Asset and then to the Collection Agent in payment of the accrued Collection Agent Fee payable with respect to such ShareEligible Asset. If there shall be insufficient funds on deposit for the Agent to distribute funds in payment in full of the aforementioned amounts, the Agent shall distribute funds, firstFIRST, in payment of the accrued Yield for such Eligible Asset, and SECOND, in payment of the accrued Collection Agent Fee payable with respect to such Share, and second, in payment of the accrued Yield for such Share and third, in payment of the accrued Miscellaneous Fees payable with respect to such ShareEligible Asset.

Appears in 1 contract

Samples: Trade Receivables Purchase and Sale Agreement (Geon Co)

Non-Liquidation Settlement Procedures. On Prior to the Termination Date, on each day ------------------------------------- (other than a Liquidation Day or a Provisional Liquidation Day) during each Settlement Period for each ShareEligible Asset, the Collection Agent shall: (i) , out of Collections of Pool Receivables attributable allocable in respect of such Eligible Asset received on such day, to such Share received the extent that the Ratings Requirement is not satisfied on such day, set aside and hold in trust for the Owner benefit of each Bank (ratably in accordance with each such Share Bank's Percentage of each such Eligible Asset) an amount equal to the Yield, Miscellaneous Fees and Collection Agent Fee Yield accrued through such day for such Share Eligible Asset and not so previously set aside (the amount of such Yield to be set aside on any day to be determined in consultation with the Agent at such time as the Ratings Requirement shall no longer be satisfied) and (iib) reinvest apply the remainder of such CollectionsCollections to the purchase, for the benefit of the Banks (ratably in accordance with each Bank's respective Percentage of each applicable Eligible Asset), of certain additional undivided interests in Pool Receivables. Such remainder of Collections shall be paid to the Seller and such Owner, by recomputation of such Share Eligible Asset shall be recomputed as described in Section 2.04(a). The recomputed Eligible Asset shall constitute a percentage ownership interest in Pool Receivables (determined pursuant to Section 2.04 as 2.04(a)) on such day held by all Banks, and each Bank's undivided percentage interest of such recomputed Eligible Asset shall constitute such Bank's undivided percentage interest in such Eligible Asset on such day. On each Payment Date for each Eligible Asset occurring prior to the Termination Date, but without limitation to the obligations of the end Seller pursuant to Section 2.10(a) of such day and the payment of such remainder to the Seller; provided, however, that, to the extent that the Agent -------- ------- or any Owner shall be required for any reason to return any amount of Collections which shall have been previously reinvested for the account of such Owner pursuant hereto, such amount shall be deemed not to have been so applied but rather to have been retained by the Seller for the account of such Owner and, notwithstanding any provision hereof to the contrary, such Owner shall have a claim for such amount. On the first day of each calendar monththis Agreement, the Collection Agent shall deposit to the Agent's Account for the account of the Owner of each Share account, as described in Section 2.08, the amounts set aside as described in or required to be set aside with respect to such Eligible Asset pursuant to clause (ia) of the first sentence of this Section 2.05 during 2.05, but only to the preceding calendar month; provided, however, that, -------- ------- if a Liquidation Day shall occur during any Settlement Period for any Share during extent that the Seller has not satisfied its obligations under Section 2.10(a) with respect to such preceding calendar month, the Collection Agent shall so deposit such amounts on the last day of such Settlement PeriodPayment Date. Upon receipt of such funds by the Agent, the Agent shall distribute them first to the Owner Banks, ratably in accordance with each such Bank's Percentage of such Share Eligible Asset in payment of the accrued and unpaid Yield and Miscellaneous Fees for such Share and then Eligible Asset. Notwithstanding anything to the contrary in this Section 2.05, the Collection Agent in payment shall not be required to segregate Collections set aside for the benefit of the accrued Collection Banks preceding remittance thereof to the Agent Fee payable with respect to such Share. If there shall be insufficient funds on deposit for the payment in full of the aforementioned amounts, unless the Agent shall distribute funds, first, have so requested as contemplated in payment of the accrued Collection Agent Fee payable with respect to such Share, and second, in payment of the accrued Yield for such Share and third, in payment of the accrued Miscellaneous Fees payable with respect to such ShareSection 6.02(b).

Appears in 1 contract

Samples: Purchase and Sale Agreement (Snap on Inc)

Non-Liquidation Settlement Procedures. (a) On each day ------------------------------------- (other than a Liquidation Day or a Provisional Liquidation Day) during each Settlement Period for each Shareprior to the Termination Date, the Servicer shall cause all Collections received by it or deposited in the Lock-Box Accounts to be transferred in same day funds to the Collection Agent shallAccount and shall instruct the Collection Account Bank: (i) out of the percentage interest representing the Purchased Interest in Collections of Pool Purchased Receivables attributable to such Share received on such day, to set aside and hold in trust in the Collection Account, for the Owner of such Share Purchaser, an amount equal to the Yield, Miscellaneous Fees Program Fee, Liquidity Fee and Collection Agent Servicer Fee accrued through such day for such Share and not so previously set aside and aside, (ii) on each Business Day occurring in the week prior to the date on which the Administrative Fee is payable, out of the percentage interest representing the Purchased Interest in Collections of Purchased Receivables received on such day, to set aside and hold in trust in the Collection Account, for the Deal Agent, an amount equal to the Administrative Fee to be so paid, and (iii) except as otherwise required under Section 2.05(b) below, to reinvest the remainder of such CollectionsCollections in Purchased Interests by paying such Collections to the Seller. Each such payment shall constitute a Purchase by the Purchaser of Purchased Interests in all Purchased Property not previously purchased hereunder, for the benefit of as such Owner, by recomputation of such Share Purchased Interest is recomputed pursuant to Section 2.04 as of the end of 2.05(c) below, it being agreed that such day and the payment of such remainder to the Seller; provided, however, thatPurchased Property shall, to the extent that of the Agent -------- ------- or any Owner shall be required for any reason to return any amount Purchased Interest, automatically become the property of Collections which shall have been previously reinvested for the account of such Owner pursuant hereto, such amount shall be deemed not to have been so applied but rather to have been retained by Purchaser when the Seller for acquires an interest in such new Purchased Property from the account of such Owner and, notwithstanding any provision hereof to the contrary, such Owner shall have a claim for such amountOriginators. On the first last day of each calendar monthPurchase Period to occur prior to the Termination Date, the Collection Agent Servicer shall deposit to the Deal Agent's Account for the account of the Owner of each Share the amounts in respect of Yield set aside as described in clause (i) of the first sentence of this Section 2.05 during 2.05. On each Settlement Date to occur prior to the preceding calendar month; provided, however, that, -------- ------- if a Liquidation Day shall occur during any Settlement Period for any Share during such preceding calendar monthTermination Date, the Collection Agent Servicer shall so deposit such to the Deal Agent's Account the amounts in respect of Program Fee, Liquidity Fee and Servicer Fee set aside as described in clause (i) of the first sentence of this Section 2.05. On the Business Day prior to the date on which the last day Administrative Fee is due and payable under the Fee Letter, the Servicer shall deposit to the Deal Agent's Account the amounts in respect of such Settlement Periodthe Administrative Fee set aside as described in clause (ii) of the first sentence of this Section 2.05. Upon receipt of such funds by the Deal Agent, the Deal Agent shall distribute them first first, to the Owner Purchaser, on the next succeeding last day of such Share a Purchase Period, in full payment of the accrued and unpaid Yield and Miscellaneous Fees for such Share and then Purchase Period, second, to the Collection Agent Purchaser, on the next succeeding Settlement Date, in full payment of the accrued and unpaid Program Fee for the related Collection Period, third, to the Purchaser (or to the Liquidity Agent on behalf of the Purchaser), on the next succeeding Settlement Date, in full payment of the accrued and unpaid Liquidity Fee for the related Collection Period, fourth, to the Deal Agent, on the next succeeding date on which the Administrative Fee is payable under the Fee Letter, in full payment of the Administrative Fee for the following year, and fifth, to the Servicer, on the next succeeding Settlement Date, in full payment of any accrued and unpaid Servicer Fee payable with respect to such Share. If there shall be insufficient funds on deposit the Purchased Receivables for the payment in full of the aforementioned amounts, the Agent shall distribute funds, first, in payment of the accrued related Collection Agent Fee payable with respect to such Share, and second, in payment of the accrued Yield for such Share and third, in payment of the accrued Miscellaneous Fees payable with respect to such SharePeriod.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Outsource International Inc)

Non-Liquidation Settlement Procedures. On each day ------------------------------------- (other than a Liquidation Day or a Provisional Liquidation Day) during each Settlement Period for each ShareEligible Asset, the Collection Agent shall: (i) out of Collections of Pool Receivables attributable to such Share Eligible Asset received on such day, set aside (and segregate if instructed by the Agent to do so under Section 6.02(a)) and hold in trust for the Owner of such Share Eligible Asset and, in the case of each Settlement Period that occurs during any Collateral Account Period, transfer to the Cash Collateral Account for the account of the Owner of such Eligible Asset, an aggregate amount equal to the Yield, Miscellaneous Fees sum of (A) the Yield and Collection Agent Fee accrued through such day for such Share Eligible Asset and not so previously set aside and (B) an additional amount, if any, necessary to reduce the outstanding Capital of such Eligible Asset to avoid the occurrence of an Event of Investment Ineligibility under Section 7.01(i)(B) hereof and (ii) reinvest the remainder of such Collections, for the benefit of such Owner, by recomputation of such Share Eligible Asset pursuant to Section 2.04 as of the end of such day and the payment of such remainder to the Seller; providedPROVIDED, howeverHOWEVER, that, to the extent that the Agent -------- ------- or any Owner shall be required for any reason to return pay over any amount of Collections which shall have been previously reinvested for the account of such Owner pursuant hereto, such amount shall be deemed not to have been so applied but rather to have been retained by the Seller and paid over for the account of such Owner and, notwithstanding any provision hereof to the contrary, such Owner shall have a claim for such amount. On the first second Business Day following the last day of each calendar monthSettlement Period for such Eligible Asset in the case of any Eligible Asset for which Yield shall be determined for such Settlement Period with reference to the Investor Rate, and on the last day of each Settlement Period for each other Eligible Asset (in each case other than any Settlement Period that occurs during any Collateral Account Period), the Collection Agent shall deposit to the Agent's Account Account, for the account of the Owner of each Share such Eligible Asset the amounts set aside as described in clause (i) of the first sentence of this Section 2.05 during the preceding calendar month; provided, however, that, -------- ------- if a Liquidation Day shall occur during any Settlement Period for any Share during such preceding calendar month, the Collection Agent shall so deposit such amounts on the last day of such Settlement Period2.05. Upon receipt of such funds and, in the case of the funds transferred to the Cash Collateral Account pursuant to clause (i) of the first sentence of this Section 2.05, from time to time as shall be determined by the AgentAgent (with the consent or at the request of the Managing Agent of the Owner of such Eligible Asset), the Agent shall distribute them first such funds to the Owner of such Share Eligible Asset in payment of the accrued Yield and Miscellaneous Fees for such Share Eligible Asset and then in reduction of the outstanding Capital of such Eligible Asset in the amount referred to in clause (i)(B) above and to the Collection Agent in payment of the accrued Collection Agent Fee payable with respect to such ShareEligible Asset. If there shall be insufficient funds on deposit for the Agent to distribute funds in payment in full of the aforementioned amounts, the Agent shall distribute funds, firstFIRST, if a Person other than PolyOne, any other Originator or one of their respective Affiliates is then acting as the Collection Agent, in payment of the accrued Collection Fee payable to such Collection Agent with respect to such Eligible Asset, SECOND, in payment of the accrued Yield for such Eligible Asset, THIRD, in reduction of Capital of such Eligible Asset in the amount referred to in clause (i)(B) above, and FOURTH, if PolyOne, any other Originator or one of their respective Affiliates is then acting as the Collection Agent, in payment of the accrued Collection Agent Fee payable with respect to such Share, and second, in payment of the accrued Yield for such Share and third, in payment of the accrued Miscellaneous Fees payable with respect to such ShareEligible Asset.

Appears in 1 contract

Samples: Trade Receivables Purchase and Sale Agreement (Polyone Corp)

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Non-Liquidation Settlement Procedures. On (a) In respect of any Rate Tranche as to which the Termination Date has not occurred, on each day ------------------------------------- (other than a Liquidation Day or a Provisional Liquidation Business Day) during each Settlement Period for each Share, the Collection Agent shall: , out of the Collections received on the Business Day preceding such Business Day, (i) out of Collections of Pool Receivables attributable deposit into the Collection Account (and allocate to such Share received on such day, set aside and hold the applicable subaccount) the following amounts in trust for the Owner of such Share following priority: (A) an amount equal to the Yield, Miscellaneous Fees Fees, Liquidation Fee and Collection Agent Fee accrued through such day for Business Day with respect to such Share Rate Tranche and not so previously set aside allocated to the Expense Subaccount (which shall be allocated to the Expense Subaccount), (B) an amount equal to any Borrowing Base Deficiency on such Business Day (calculated after giving effect to the payment of any other amounts previously allocated to the Capital Subaccount which are to be paid to the Group Managing Agents on such Business Day pursuant to Section 2.07(b)(ii)) (which shall be allocated to the Capital Subaccount), (C) an amount equal to the aggregate of all other amounts then accrued or owed hereunder on such Business Day by the Borrower to the Investors, the Banks, the Administrative Agent or the Group Managing Agents and not so previously allocated to the Expense Subaccount (which shall be allocated to the Expense Subaccount), (D) an amount equal to all amounts payable with respect to any Rate Tranche for which the Termination Date has occurred on or prior to such Business Day which have not yet been deposited in the Collection Account and allocated to the applicable subaccount in accordance with Section 2.08 (which shall be allocated to the Expense Subaccount or the Capital Subaccount, as applicable) and (E) an amount equal to the amount which the Borrower shall have instructed the Collection Agent to allocate to the Capital Subaccount pursuant to Section 2.07(d) (which shall be allocated to the Capital Subaccount), and (ii) reinvest deposit the remainder of such Collections, for the benefit of such Owner, by recomputation of such Share pursuant to Section 2.04 as of the end of such day and the payment of such remainder Collections to the Seller; provided, however, that, to the extent that the Agent -------- ------- Borrower’s Account or any Owner shall be required for any reason to return any amount of Collections which shall have been previously reinvested for the account of such Owner pursuant hereto, such amount shall be deemed not to have been so applied but rather to have been retained as otherwise directed by the Seller for Borrower in writing, unless, following the account of such Owner and, notwithstanding any provision hereof to the contrary, such Owner shall have a claim for such amount. On the first day of each calendar monthSecond Lien Effective Date, the Collection Second Lien Agent shall deposit to the Agent's Account for the account of the Owner of each Share the amounts set aside as described in clause (i) of the first sentence of this Section 2.05 during the preceding calendar month; provided, however, that, -------- ------- if a Liquidation Day shall occur during any Settlement Period for any Share during such preceding calendar month, the Collection Agent shall so deposit such amounts on the last day of such Settlement Period. Upon receipt of such funds by the Agent, the Agent shall distribute them first to the Owner of such Share in payment of the accrued Yield and Miscellaneous Fees for such Share and then delivers written instructions to the Collection Agent and the Administrative Agent that such remaining Collections are to be applied to amounts due and owing under the Second Lien Credit Agreement and otherwise in payment accordance with the terms of the accrued Collection Agent Fee payable with respect to Second Lien Credit Agreement and the Second Lien Intercreditor Agreement, in which case the remainder of such Share. If there Collections shall be insufficient funds on deposit for remitted to the payment in full of Second Lien Agent; provided that (w) no instructions by the aforementioned amountsBorrower shall direct any such Collections to be remitted to the Second Lien Agent or applied to amounts due and owing under the Second Lien Credit Agreement, (x) no such instructions by the Second Lien Agent shall distribute fundsbe followed by the Collection Agent, first(y) no such amounts shall be remitted to the Second Lien Agent or applied to amounts due and owing under the Second Lien Credit Agreement and (z) no amounts shall be remitted to the Borrower’s Account or as otherwise directed by the Borrower, in payment of each such case, if the accrued Collection Agent Fee payable with respect to Release Conditions are not satisfied on such Share, and second, in payment of the accrued Yield for such Share and third, in payment of the accrued Miscellaneous Fees payable with respect to such ShareBusiness Day.

Appears in 1 contract

Samples: Financing Agreement (Energy Future Competitive Holdings CO)

Non-Liquidation Settlement Procedures. On each day ------------------------------------- (other than a Liquidation Day or a Provisional Liquidation Day) during each Settlement Period for each ShareEligible Asset, the Collection Agent shall: (i) out of Collections of Pool Receivables attributable to such Share Eligible Asset received on such day, set aside (and segregate if instructed by the Agent to do so under Section 6.02(a)) and hold in trust for the Owner of such Share Eligible Asset an aggregate amount equal to the Yield, Miscellaneous Fees sum of (A) the Yield and Collection Agent Fee accrued through such day for such Share Eligible Asset and not so previously set aside and (B) if the Agent shall have declared the Pool Receivables originally owed to any Selling Subsidiary as not being Eligible Receivables pursuant to Section 7.02, that amount, if any, which would be required to reduce Capital of such Eligible Asset so that, together with similar reductions of Capital of all other Eligible Assets and of "Capital" of "Eligible Assets" under the Parallel Purchase Commitment, the aggregate undivided percentage interest for all Eligible Assets and the "Eligible Assets" under the Parallel Purchase Commitment would not, after giving effect to the Collections of Pool Receivables and the addition of new Pool Receivables on such day and the resulting recomputation of all Eligible Assets pursuant to Section 2.04 and of all "Eligible Assets" under, and pursuant to Section 2.04 of, the Parallel Purchase Commitment as of the end of such day, exceed 100%, and (ii) reinvest the remainder of such Collections, for the benefit of such Owner, by recomputation of such Share Eligible Asset pursuant to Section 2.04 as of the end of such day and the payment of such remainder to the Seller; provided, however, that, to the extent that the Agent -------- ------- or any Owner shall be required for any reason to return pay over any amount of Collections which shall have been previously reinvested for the account of such Owner pursuant hereto, such amount shall be deemed not to have been so applied but rather to have been retained by the Seller and paid over for the account of such Owner and, notwithstanding any provision hereof to the contrary, such Owner shall have a claim for such amount. On the first second Business Day following the last day of each calendar monthSettlement Period for such Eligible Asset in the case of any Eligible Asset for which Yield shall be determined for such Settlement Period with reference to the Investor Rate, and on the last day of each Settlement Period for each other Eligible Asset, the Collection Agent shall deposit to the Agent's Account for the account of the Owner of each Share such Eligible Asset the amounts set aside as described in clause (i) of the first sentence of this Section 2.05 during the preceding calendar month; provided, however, that, -------- ------- if a Liquidation Day shall occur during any Settlement Period for any Share during such preceding calendar month, the Collection Agent shall so deposit such amounts on the last day of such Settlement Period2.05. Upon receipt of such funds by the Agent, the Agent shall distribute them first to the Owner of such Share Eligible Asset in payment of the accrued Yield and Miscellaneous Fees for such Share Eligible Asset and then in reduction of the Capital thereof as described in clause (i)(B) of the first sentence of this Section 2.05 and to the Collection Agent in payment of the accrued Collection Agent Fee payable with respect to such ShareEligible Asset. If there shall be insufficient funds on deposit for the Agent to distribute funds in payment in full of the aforementioned amounts, the Agent shall distribute funds, first, in payment of the accrued Yield for such Eligible Asset, second, in reduction of the Capital thereof described in clause (i)(B) of the first sentence of this Section 2.05, and third, in payment of the accrued Collection Agent Fee payable with respect to such Share, and second, in payment of the accrued Yield for such Share and third, in payment of the accrued Miscellaneous Fees payable with respect to such ShareEligible Asset.

Appears in 1 contract

Samples: Trade Receivables Purchase and Sale Agreement (Polyone Corp)

Non-Liquidation Settlement Procedures. On each day ------------------------------------- (other than a Liquidation Day or a Provisional Liquidation Day) during each Settlement Period for each ShareEligible Asset, the Collection Agent shall: (i) out of Collections of Pool Receivables attributable to such Share Eligible Asset received on such day, set aside (and segregate if instructed by the Agent to do so under Section 6.02(a)) and hold in trust for the Owner of such Share Eligible Asset an amount equal to the Yield, Miscellaneous Fees Yield and Collection Agent Fee accrued through such day for such Share Eligible Asset and not so previously set aside and (ii) reinvest the remainder of such Collections, for the benefit of such Owner, by recomputation of such Share Eligible Asset pursuant to Section 2.04 as of the end of such day and the payment of such remainder to the Seller; provided, however, that, to the extent that the Agent -------- ------- or any Owner shall be required for any reason to return pay over any amount of Collections which shall have been previously reinvested for the account of such Owner pursuant hereto, such amount shall be deemed not to have been so applied but rather to have been retained by the Seller and paid over for the account of such Owner and, notwithstanding any provision hereof to the contrary, such Owner shall have a claim for such amount. On the first second Business Day following the last day of each calendar monthSettlement Period for such Eligible Asset in the case of any Eligible Asset for which Yield shall be determined for such Settlement Period with reference to the Investor Rate, and on the last day of each Settlement Period for each other Eligible Asset, the Collection Agent shall deposit to the Agent's Account for the account of the Owner of each Share such Eligible Asset the amounts set aside as described in clause (i) of the first sentence of this Section 2.05 during the preceding calendar month; provided, however, that, -------- ------- if a Liquidation Day shall occur during any Settlement Period for any Share during such preceding calendar month, the Collection Agent shall so deposit such amounts on the last day of such Settlement Period2.05. Upon receipt of such funds by the Agent, the Agent shall distribute them first to the Owner of such Share Eligible Asset in payment of the accrued Yield and Miscellaneous Fees for such Share Eligible Asset and then to the Collection Agent in payment of the accrued Collection Agent Fee payable with respect to such ShareEligible Asset. If there shall be insufficient funds on deposit for the Agent to distribute funds in payment in full of the aforementioned amounts, the Agent shall distribute funds, first, in payment of the accrued Collection Agent Fee payable with respect to Yield for such ShareEligible Asset, and second, in payment of the accrued Yield for such Share and third, in payment of the accrued Miscellaneous Fees Collection Agent Fee payable with respect to such ShareEligible Asset.

Appears in 1 contract

Samples: Trade Receivables Purchase and Sale Agreement (Geon Co)

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