Common use of Payments; Priority of Payments Clause in Contracts

Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including the Requisite Amount) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity or the Servicer of the occurrence of a Trigger Event, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; and (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Amount will continue to exist. On such Distribution Date, the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACC; (B) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC or pursuant to the Sale and Servicing Agreement; (C) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause (v) of Section 5.7(b) of the Sale and Servicing Agreement; (D) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (F) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 2 contracts

Samples: Spread Account Agreement (UPFC Auto Receivables Trust 2006-B), Spread Account Agreement (UPFC Auto Receivables Trust 2007-B)

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Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely determinations on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including the Requisite Amount) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Issuer or the Servicer of the occurrence of a Trigger Eventan Insurance Agreement Event of Default, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; and (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Amount will continue to exist. On such Distribution Date, the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACCthe Servicer; (B) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC or pursuant to the Sale and Servicing Agreement; (C) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause (v) of Section 5.7(b5.7(b)(viii) of the Sale and Servicing Agreement; (D) to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Subservicer, any fees, expenses or additional compensation to the extent not paid pursuant to the Sale and Servicing Agreement; (E) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (F) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 2 contracts

Samples: Spread Account Agreement (UPFC Auto Receivables Trust 2006-A), Spread Account Agreement (UPFC Auto Receivables Trust 2007-A)

Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including and the Requisite Amountamount of any Accelerated Payment Amount Shortfall) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Issuer or the Servicer of the occurrence of a Trigger Eventan Insurance Agreement Event of Default, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; and; (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Amount will continue to exist. ; (iii) [Reserved]; (iv) determine the amounts to be on deposit in the Spread Account on that Distribution Date which will be available to satisfy any Accelerated Payment Amount Shortfall; (v) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Accelerated Payment Amount Shortfall and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, an Accelerated Payment Amount Shortfall will continue to exist; On such Distribution Date, the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice and any Accelerated Payment Shortfall Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Accelerated Payment Shortfall Amount and in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account (excluding net of any amounts deposited with respect to the Cash Collateral Deposit) in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) if the Trust Collateral Agent has delivered an Accelerated Payment Shortfall Notice and if there exists an Accelerated Payment Amount Shortfall, to the Trust Collateral Agent for deposit in the Note Distribution Account the amount of such Accelerated Payment Amount Shortfall; (B) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACCthe Servicer; (BC) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC AmeriCredit or pursuant to the Sale and Servicing Agreement; (CD) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause (vx) of Section 5.7(b5.7(a) of the Sale and Servicing Agreement; (DE) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (F) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 2 contracts

Samples: Spread Account Agreement (AFS SenSub Corp.), Spread Account Agreement (AmeriCredit Prime Automobile Receivables Trust 2007-2-M)

Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including and the Requisite Amountamount of any Accelerated Payment Amount Shortfall) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Issuer or the Servicer of the occurrence of a Trigger Event, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; andAmount (prior to any deposit in accordance with Section 3.07); (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Amount will continue to exist; (iii) if a Spread Account Claim Amount will continue to exist following the payment from the Spread Account contemplated by clause (ii) above, determine the amount to be claimed from each Related Series Spread Account in accordance with Section 3.07; (iv) determine the amounts to be on deposit in the Spread Account on that Distribution Date which will be available to satisfy any Accelerated Payment Amount Shortfall (prior to any deposit in accordance with Section 3.07); (v) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Accelerated Payment Amount Shortfall and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, an Accelerated Payment Amount Shortfall will continue to exist; (vi) if an Accelerated Payment Amount Shortfall will continue to exist following the payment from the Spread Account contemplated by clause (v) above, determine the amount to be claimed from each Related Series Spread Account in accordance with Section 3.07; (vii) determine the excess, if any, of (A) the Requisite Amount over (b) the amounts to be on deposit in the Spread Account on such Distribution Date (after giving effect to any withdrawals pursuant to subsection (b) but prior to any deposit in accordance with Section 3.07), and if such excess exists, determine the amount to be claimed from each Related Series Spread Account in accordance with Section 3.07; and (viii) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Related Series Spread Account Claim Amount, any Related Series Accelerated Payment Amount Shortfall, any Related Series Requisite Amount Shortfall and any Related Series Insurer Payment Amounts. On such Distribution DateDate (and after giving effect to any deposits into the Spread Account in accordance with Section 3.07), the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice and any Accelerated Payment Shortfall Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Accelerated Payment Shortfall Amount and in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account, including, without limitation, amounts deposited therein pursuant to Section 3.07) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account (excluding net of any amounts deposited with respect to the Cash Collateral Deposit) in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) if the Trust Collateral Agent has delivered an Accelerated Payment Shortfall Notice and if there exists an Accelerated Payment Amount Shortfall, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Accelerated Payment Amount Shortfall; (B) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACCthe Servicer; (BC) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC AmeriCredit or pursuant to the Sale and Servicing Agreement; (CD) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause (vvi) of Section 5.7(b5.7(a) of the Sale and Servicing Agreement; (DE) to each Related Series Collateral Agent for deposit in the applicable Related Series Spread Account, the amount necessary to pay in full any Related Series Spread Account Claim Amount for such Related Series; (F) to each Related Series Collateral Agent for deposit in the applicable Related Series Spread Account, the amount necessary to pay in full any Related Series Requisite Amount Shortfall for such Related Series; (G) to each Related Series Collateral Agent for deposit in the applicable Related Series Spread Account, the amount necessary to pay in full the Related Series Accelerated Payment Amount Shortfall for such Related Series; (H) if the Collateral Agent has received notice from the Insurer of Related Series Insurer Payment Amounts, to the Insurer for the payment of the Related Series Insurer Payment Amounts set forth on such notice; (I) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (FJ) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 1 contract

Samples: Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2004-C-A)

Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely on the basis of information (including, without limitation, the amount of any Spread Account Deficiency Claim Amount (but not including and the Requisite Amountamount of any Accelerated Payment Amount Shortfall) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Issuer or the Servicer of the occurrence of a Trigger Event, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Deficiency Claim Amount; and; (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Deficiency Claim Amount; (iii) determine the amounts to be on deposit in the Spread Account Claim on that Distribution Date which will be available to satisfy any Accelerated Payment Amount and Shortfall; (Biv) whetherdetermine the amounts, following payment if any, to be paid from the Spread Account with respect to the Trust Collateral Agent for Accelerated Payment Amount Shortfall; and (v) determine the excess, if any, of (A) the Requisite Amount over (B) the amounts to be on deposit into in the Collection Account, a Spread Account Claim Amount will continue on such Distribution Date (after giving effect to existany withdrawals pursuant to subsection (b)). On such Distribution Date, the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice and any Accelerated Payment Shortfall Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Spread Account Accelerated Payment Shortfall Amount and in respect of such Deficiency Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Deficiency Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Deficiency Claim Amount; and (ii) any funds in the Spread Account in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) if the Trust Collateral Agent has delivered an Accelerated Payment Shortfall Notice and if there exists an Accelerated Payment Amount Shortfall, to the Trust Collateral Agent for deposit in the Note Distribution Account the amount of such Accelerated Payment Amount Shortfall; (B) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACCthe Servicer; (BC) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC AmeriCredit or pursuant to the Sale and Servicing Agreement; (C) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause (v) of Section 5.7(b) of the Sale and Servicing Agreement; (D) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (FE) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 1 contract

Samples: Spread Account Agreement (AFS SenSub Corp.)

Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including and the Requisite Amountamount of any Accelerated Payment Amount Shortfall) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Issuer or the Servicer of the occurrence of a Trigger Eventan Insurance Agreement Event of Default, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; andAmount (prior to any deposit in accordance with Section 3.07); (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Amount will continue to exist; (iii) if a Spread Account Claim Amount will continue to exist following the payment from the Spread Account contemplated by clause (ii) above, determine the amount to be claimed from each Related Series Spread Account in accordance with Section 3.07; (iv) determine the amounts to be on deposit in the Spread Account on that Distribution Date which will be available to satisfy any Accelerated Payment Amount Shortfall (prior to any deposit in accordance with Section 3.07); (v) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Accelerated Payment Amount Shortfall and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, an Accelerated Payment Amount Shortfall will continue to exist; (vi) if an Accelerated Payment Amount Shortfall will continue to exist following the payment from the Spread Account contemplated by clause (v) above, determine the amount to be claimed from each Related Series Spread Account in accordance with Section 3.07; (vii) determine the excess, if any, of (A) the Requisite Amount over (b) the amounts to be on deposit in the Spread Account on such Distribution Date (after giving effect to any withdrawals pursuant to subsection (b) but prior to any deposit in accordance with Section 3.07), and if such excess exists, determine the amount to be claimed from each Related Series Spread Account in accordance with Section 3.07; and (viii) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Related Series Spread Account Claim Amount, any Related Series Accelerated Payment Amount Shortfall, any Related Series Requisite Amount Shortfall and any Related Series Insurer Payment Amounts. On such Distribution DateDate (and after giving effect to any deposits into the Spread Account in accordance with Section 3.07), the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice and any Accelerated Payment Shortfall Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Accelerated Payment Shortfall Amount and in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account, including, without limitation, amounts deposited therein pursuant to Section 3.07) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account (excluding net of any amounts deposited with respect to the Cash Collateral Deposit) in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACC; (B) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC or pursuant to the Sale and Servicing Agreement; (C) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause (v) of Section 5.7(b) of the Sale and Servicing Agreement; (D) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (F) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.this

Appears in 1 contract

Samples: Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2005-B-M)

Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely determinations on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including the Requisite Amount) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Issuer or the Servicer of the occurrence of a Trigger Eventan Insurance Agreement Event of Default, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; and (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Amount will continue to exist. ; On such Distribution Date, the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACCthe Servicer; (B) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer Subservicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC or pursuant to the Sale and Servicing Agreement; (C) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause clauses (v) and (viii) of Section 5.7(b) of the Sale and Servicing Agreement; (D) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (F) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 1 contract

Samples: Spread Account Agreement (UPFC Auto Receivables Trust 2005-B)

Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including the Requisite Amount) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Issuer or the Servicer of the occurrence of a Trigger Event, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; and (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Amount will continue to exist. On such Distribution Date, the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACC; (B) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC or pursuant to the Sale and Servicing Agreement; (C) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause (v) of Section 5.7(b5.7(a) of the Sale and Servicing Agreement; (D) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (F) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 1 contract

Samples: Spread Account Agreement (UPFC Auto Receivables Trust 2005-A)

Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including and the Requisite Amountamount of any Accelerated Payment Amount Shortfall) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Issuer or the Servicer of the occurrence of a Trigger Event, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; and; (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount; (iii) determine the amounts to be on deposit in the Spread Account on that Distribution Date which will be available to satisfy any Accelerated Payment Amount and Shortfall; and (Biv) whetherdetermine the amounts, following payment if any, to be paid from the Spread Account with respect to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Accelerated Payment Amount will continue to existShortfall. On such Distribution Date, the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice and any Accelerated Payment Shortfall Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Accelerated Payment Shortfall Amount and in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account (excluding net of any amounts deposited with respect to the Cash Collateral Deposit) in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) if the Trust Collateral Agent has delivered an Accelerated Payment Shortfall Notice and if there exists an Accelerated Payment Amount Shortfall, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Accelerated Payment Amount Shortfall; (B) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACCthe Servicer; (BC) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC AmeriCredit or pursuant to the Sale and Servicing Agreement; (CD) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause (vvi) of Section 5.7(b) of the Sale and Servicing Agreement; (DE) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (F) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 1 contract

Samples: Spread Account Agreement (Americredit Automobile Receivable Trust 2005-D-A)

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Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely determinations on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including and the Requisite Amountamount of any Accelerated Payment Amount Shortfall) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Issuer or the Servicer of the occurrence of a Trigger Eventan Insurance Agreement Event of Default, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; andAmount (prior to any deposit in accordance with Section 3.07); (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Amount will continue to exist; (iii) if a Spread Account Claim Amount will continue to exist following the payment from the Spread Account contemplated by clause (ii) above, determine the amount to be claimed from each Related Series Spread Account in accordance with Section 3.07; (iv) determine the amounts to be on deposit in the Spread Account on that Distribution Date which will be available to satisfy any Accelerated Payment Amount Shortfall (prior to any deposit in accordance with Section 3.07); (v) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Accelerated Payment Amount Shortfall and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, an Accelerated Payment Amount Shortfall will continue to exist; (vi) if an Accelerated Payment Amount Shortfall will continue to exist following the payment from the Spread Account contemplated by clause (v) above, determine the amount to be claimed from each Related Series Spread Account in accordance with Section 3.07; (vii) determine the excess, if any, of (A) the Requisite Amount over (b) the amounts to be on deposit in the Spread Account on such Distribution Date (after giving effect to any withdrawals pursuant to subsection (b) but prior to any deposit in accordance with Section 3.07), and if such excess exists, determine the amount to be claimed from each Related Series Spread Account in accordance with Section 3.07; and (viii) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Related Series Spread Account Claim Amount, any Related Series Accelerated Payment Amount Shortfall, any Related Series Requisite Amount Shortfall and any Related Series Insurer Payment Amounts. On such Distribution DateDate (and after giving effect to any deposits into the Spread Account in accordance with Section 3.07), the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice and any Accelerated Payment Shortfall Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Accelerated Payment Shortfall Amount and in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account, including, without limitation, amounts deposited therein pursuant to Section 3.07) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account (net of any amounts deposited with respect to the Cash Collateral Deposit) in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) if the Trust Collateral Agent has delivered an Accelerated Payment Shortfall Notice and if there exists an Accelerated Payment Amount Shortfall, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Accelerated Payment Amount Shortfall; (B) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACCthe Servicer; (BC) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC AmeriCredit or pursuant to the Sale and Servicing Agreement; (CD) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause (vix) of Section 5.7(b5.7(a) of the Sale and Servicing Agreement; (DE) to each Related Series Collateral Agent for deposit in the applicable Related Series Spread Account, the amount necessary to pay in full any Related Series Spread Account Claim Amount for such Related Series; (F) to each Related Series Collateral Agent for deposit in the applicable Related Series Spread Account, the amount necessary to pay in full any Related Series Requisite Amount Shortfall for such Related Series; (G) to each Related Series Collateral Agent for deposit in the applicable Related Series Spread Account, the amount necessary to pay in full the Related Series Accelerated Payment Amount Shortfall for such Related Series; (H) if the Collateral Agent has received notice from the Insurer of Related Series Insurer Payment Amounts, to the Insurer for the payment of the Related Series Insurer Payment Amounts set forth on such notice; (I) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (FJ) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 1 contract

Samples: Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2005-a-X)

Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including the Requisite Amount) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Issuer or the Servicer of the occurrence of a Trigger Event, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; and (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Amount will continue to exist. On such Distribution Date, the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACC; (B) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC or pursuant to the Sale and Servicing Agreement; (C) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause (v) of Section 5.7(b5.7(a) of the Sale and Servicing Agreement; (D) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (F) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 1 contract

Samples: Spread Account Agreement (United Pan Am Financial Corp)

Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including and the Requisite Amountamount of any Accelerated Payment Amount Shortfall) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Issuer or the Servicer of the occurrence of a Trigger Eventan Insurance Agreement Event of Default, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; and; (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Amount will continue to exist. ; (iii) [Reserved]; (iv) determine the amounts to be on deposit in the Spread Account on that Distribution Date which will be available to satisfy any Accelerated Payment Amount Shortfall; (v) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Accelerated Payment Amount Shortfall and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, an Accelerated Payment Amount Shortfall will continue to exist; On such Distribution Date, the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice and any Accelerated Payment Shortfall Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Accelerated Payment Shortfall Amount and in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account (excluding net of any amounts deposited with respect to the Cash Collateral Deposit) in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) if the Trust Collateral Agent has delivered an Accelerated Payment Shortfall Notice and if there exists an Accelerated Payment Amount Shortfall, to the Trust Collateral Agent for deposit in the Note Distribution Account the amount of such Accelerated Payment Amount Shortfall; (B) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACCthe Servicer; (BC) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC AmeriCredit or pursuant to the Sale and Servicing Agreement; (CD) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause (vviii) of Section 5.7(b) 5.7 of the Sale and Servicing Agreement; (DE) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (F) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 1 contract

Samples: Spread Account Agreement (AFS SenSub Corp.)

Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely determinations on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including and the Requisite Amountamount of any Accelerated Payment Amount Shortfall) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Issuer or the Servicer of the occurrence of a Trigger Event, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; and; (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Amount will continue to exist; (iii) [Reserved]; (iv) determine the amounts to be on deposit in the Spread Account on that Distribution Date which will be available to satisfy any Accelerated Payment Amount Shortfall; and (v) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Accelerated Payment Amount Shortfall and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, an Accelerated Payment Amount Shortfall will continue to exist. On such Distribution Date, the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice and any Accelerated Payment Shortfall Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Accelerated Payment Shortfall Amount and in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account (net of any amounts deposited with respect to the Cash Collateral Deposit) in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) if the Trust Collateral Agent has delivered an Accelerated Payment Shortfall Notice and if there exists an Accelerated Payment Amount Shortfall, to the Trust Collateral Agent for deposit in the Note Distribution Account the amount of such Accelerated Payment Amount Shortfall; (B) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACCthe Servicer; (BC) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC AmeriCredit or pursuant to the Sale and Servicing Agreement; (CD) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause (vx) of Section 5.7(b5.7(a) of the Sale and Servicing Agreement; (DE) to the Trust Collateral Agent for payment to the Swap Counterparty, any amounts due and owing to the Swap Counterparty that were not paid under clause (ix) of Section 5.7(a) of the Sale and Servicing Agreement; (F) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (FG) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 1 contract

Samples: Spread Account Agreement (AmeriCredit Automobile Receivables Trust 2007-a-X)

Payments; Priority of Payments. (a) On or before the second Business Day prior to each Distribution Date, the Collateral Agent will make the following calculations solely determinations on the basis of information (including, without limitation, the amount of any Spread Account Claim Amount (but not including the Requisite Amount) received pursuant to Article IV of the Sale and Servicing Agreement from the Servicer; provided, however, that if the Collateral Agent receives written notice from the Insurer, the Trustee, the Issuing Entity Trust or the Servicer of the occurrence of a Trigger Eventan Insurance Agreement Event of Default, such notice shall be determinative for the purposes of determining the Requisite Amount: (i) determine the amounts to be on deposit in the Spread Account on such Distribution Date which will be available to satisfy any Spread Account Claim Amount; and (ii) determine (A) the amounts, if any, to be paid from the Spread Account with respect to the Spread Account Claim Amount and (B) whether, following payment from the Spread Account to the Trust Collateral Agent for deposit into the Collection Account, a Spread Account Claim Amount will continue to exist. ; On such Distribution Date, the Collateral Agent shall deliver a certificate to the Trust Collateral Agent and the Insurer with respect to any Deficiency Notice, stating the amount, if any, to be distributed to the Trust Collateral Agent on that Distribution Date in respect of such Spread Account Claim Amount. (b) On each Distribution Date, the Collateral Agent shall make the following payments from the Spread Account (to the extent of funds available in the Spread Account) in the following order of priority: (i) if the Trust Collateral Agent has delivered a Deficiency Notice and if there exists a Spread Account Claim Amount, to the Trust Collateral Agent for deposit in the Collection Account the amount of such Spread Account Claim Amount; and (ii) any funds in the Spread Account in excess of the Requisite Amount, after making the withdrawals therefrom required by clause (i) of this Section 3.03(b) (to the extent of funds available in excess of the Requisite Amount) and any funds remaining in the Spread Account as of the Distribution Date immediately following the Final Termination Date will be applied by the Collateral Agent in the following order of priority: (A) to the payment of any expenses payable pursuant to Section 4.5 of the Sale and Servicing Agreement to the extent not paid by UACCthe Servicer; (B) to the Trust Collateral Agent for payment to the Trustee, the Trust Collateral Agent, the Backup Servicer, the Custodian, the Collateral Agent and the Designated Backup Servicer Subservicer or to any replacement servicer any accrued and unpaid replacement servicer fees, transition costs or additional compensation to the extent not paid by UACC or pursuant to the Sale and Servicing Agreement; (C) to the Trust Collateral Agent for payment to the Insurer, any amounts due and owing to the Insurer that were not paid under clause clauses (v) and (viii) of Section 5.7(b) of the Sale and Servicing Agreement; (D) to the Backup Servicer, any indemnification amounts payable by the Servicer to the Backup Servicer to the extent not paid by the Servicer; (E) to the Owner Trustee to the extent any amounts due and owing to the Owner Trustee under the Transaction Documents were not otherwise paid; and (F) to the holder(s) of the Certificates, any remaining funds in the Spread Account in excess of the Requisite Amount.

Appears in 1 contract

Samples: Spread Account Agreement (UPFC Auto Receivables Corp.)

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