Common use of Payments under the Policy Clause in Contracts

Payments under the Policy. If on the close of business on the second Business Day prior to any Payment Date, the funds on deposit in the Collection Account and available to be distributed on such Payment Date pursuant to Section 12.02(d), and on deposit in the Cash Collateral Account are not sufficient (after taking into account the Payments required to be made on such Payment Date pursuant to Section 12.02(d)(i)-(v)) to make the payment of amounts due on the Outstanding Notes on such Payment Date in accordance with Section 12.02(d)(vi) and Section 12.02(d)(vii), the Indenture Trustee shall, no later than 10:00 a.m., New York time, on the Business Day immediately preceding such Payment Date make a claim under the Policy in an amount equal to such insufficiency. In addition, if on the close of business on the second Business Day immediately prior to the Stated Maturity of any Tranche, the funds on deposit in the Collection Account and available to be distributed on such Payment Date pursuant to Section 12.02(d), and on deposit in the Cash Collateral Account are not sufficient (after taking into account the Payments required to be made on such Payment Date pursuant to Section 12.02(d)(i)-(vi)) to pay the entire principal amount of Outstanding Notes of such Tranche, the Indenture Trustee shall, no later than 10:00 a.m., New York time, on the Business Day immediately preceding such Payment Date, make a claim under the Policy in an amount equal to such insufficiency. Proceeds of claims on the Policy shall be deposited in the Collection Account and used solely to pay amounts due in respect of interest on the Notes on each Payment Date and principal of the Notes at the Stated Maturity. In addition, on any day that the Indenture Trustee has actual knowledge or receives notice that any amount previously paid to a Noteholder has been subsequently recovered from such Noteholder pursuant to a final order of a court of competent jurisdiction that such payment

Appears in 1 contract

Samples: T&w Financial Corp

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Payments under the Policy. If on the close of business on the second third Business Day prior to any Payment Date, the funds on deposit in the Collection Account and available to be distributed on such Payment Date pursuant to Section 12.02(d), and on deposit in the Cash Collateral Account ) are not sufficient (after taking into account the Payments payments required to be made on such Payment Date pursuant to Section 12.02(d)(i)-(v12.02(d)(i)-(iv)) to make the payment of amounts due on the Outstanding Notes Certificates on such Payment Date in accordance with Section 12.02(d)(vi) and Section 12.02(d)(vii12.02(d)(v), the Indenture Trustee shall, no later than 10:00 a.m., New York time, on the second Business Day immediately preceding such Payment Date make a claim under the Policy in an amount equal to such insufficiency. In addition, if on the close of business on the second third Business Day immediately prior to the Stated Maturity of any TrancheMaturity, the funds on deposit in the Collection Account and available to be distributed on such Payment Date pursuant to Section 12.02(d), and on deposit in the Cash Collateral Account ) are not sufficient (after taking into account the Payments payments required to be made on such Payment Date pursuant to Section 12.02(d)(i)-(vi12.02(d)(i)-(v)) to pay the entire principal amount Outstanding Principal Balance of Outstanding Notes of such TrancheCertificates, the Indenture Trustee shall, no later than 10:00 a.m., New York time, on the second Business Day immediately preceding such Payment Date, make a claim under the Policy in an amount equal to such insufficiency. Proceeds of claims on the Policy shall be deposited in the Collection Account and shall remain uninvested and shall be used solely to pay amounts due in respect of interest on the Notes Certificates on each Payment Date and principal of the Notes Certificates at the Stated Maturity. In addition, on any day that the Indenture Trustee has actual knowledge or receives notice that any amount previously paid to a Noteholder Certificateholder has been subsequently recovered from such Noteholder Certificateholder pursuant to a final order of a court of competent jurisdiction that such paymentpayment constitutes a voidable preference within the meaning of any applicable bankruptcy law to such Certificateholder (a "Preference Claim"), the Trustee shall make a claim within three Business Days upon the Policy for the full amount of such Preference Claim in accordance with the terms of the Policy. Any proceeds of any such Preference Claim received by the Trustee shall be paid to the related Certificateholder .

Appears in 1 contract

Samples: Trust and Security Agreement (T&w Financial Corp)

Payments under the Policy. (a) If on the close of business on the second third Business Day immediately prior to any Payment Date, the sum of (i) the funds on deposit in the Collection Investment Account and available to be distributed on such Payment Date pursuant to Section 12.02(d------- 4.08(b), and on deposit in (ii) the Cash Collateral Account Available Amount, are not sufficient (after taking into ------- account the Payments payments required to be made on such Payment Date pursuant to Section 12.02(d)(i)-(vSections 4.08(b)(i) through (vi)) to make the payment of amounts due of accrued -------------------------------- interest on the Outstanding Notes Class A Certificates on such Payment Date in accordance with Section 12.02(d)(vi) and Section 12.02(d)(vii4.08(b)(vii), the Indenture Trustee shall, no later than 10:00 a.m.12:00 noon, New York time, on -------------------- the second Business Day immediately preceding such the Payment Date next occurring, make a claim under the Policy in an amount equal to such insufficiency. In addition, if on the close of business on the second third Business Day immediately prior to the Stated Maturity Maturity, the sum of any Tranche, (A) the funds on deposit in the Collection Investment Account and available to be distributed on such Payment Date pursuant to Section 12.02(d4.08(b), and on deposit in (B) the Cash Collateral Account Available Amount, are not sufficient --------------- (after taking into account the Payments payments required to be made on such Payment Date pursuant to Section 12.02(d)(i)-(viSections 4.08(b)(i) through (vii)) to pay in full the entire principal amount of Outstanding Notes of such TrancheClass A --------------------------------- Certificate Investor Interest, the Indenture Trustee shall, no not later than 10:00 a.m.12:00 noon, New York time, on the second Business Day immediately preceding such Payment Date, make a claim under the Policy in an amount equal to such insufficiency. Proceeds of claims on the Policy shall be deposited in the Collection Class A Certificate Account and shall be used solely to pay (1) amounts due in respect of interest on the Notes Class A Certificates on each Payment Date Date, and (2) amounts due in respect of principal of the Notes Class A Certificates at the Stated Maturity. In addition, on any day that the Indenture Trustee has actual knowledge or receives notice that any amount previously paid to a Noteholder has been subsequently recovered from such Noteholder pursuant to a final order of a court of competent jurisdiction that such payment.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Rockford Industries Inc)

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Payments under the Policy. If on the close of business on the second third Business Day prior to any Payment Date, the sum of (i) the funds on deposit in the Collection Investment Account and available to be distributed on such Payment Date pursuant to Section 12.02(d), 4.08(b) and on deposit in (ii) the Cash Collateral Account Available Amount are not sufficient (after taking into account the Payments payments required to be made on such Payment Date pursuant to Section 12.02(d)(i)-(v4.08(b)(i)-(vii)) to make the payment of amounts due on the Outstanding Notes Class A Certificates on such Payment Date in accordance with Section 12.02(d)(vi) and Section 12.02(d)(vii4.08(b)(viii), the Indenture Trustee shall, no later than 10:00 a.m.12:00 noon, New York time, on the second Business Day immediately preceding such Payment Date Date, make a claim under the Policy in an amount equal to such insufficiency. In addition, if on the close of business on the second third Business Day immediately prior to the Stated Maturity Maturity, the sum of any Tranche, (i) the funds on deposit in the Collection Investment Account and available to be distributed on such Payment Date pursuant to Section 12.02(d), 4.08(b) and on deposit in (ii) the Cash Collateral Account Available Amount are not sufficient (after taking into account the Payments payments required to be made on such Payment Date pursuant to Section 12.02(d)(i)-(vi4.08(b)(i)-(viii)) to pay in full the entire principal amount of Outstanding Notes of such TrancheClass A Certificate Investor Interest, the Indenture Trustee shall, no not later than 10:00 a.m.12:00 noon, New York time, on the second Business Day immediately preceding such Payment Date, make a claim under the Policy in an amount equal to such insufficiency. Proceeds of claims on the Policy shall be deposited in the Collection Class A Certificate Account and shall remain uninvested and shall be used solely to pay amounts due in respect of interest on the Notes Class A Certificates on each Payment Date and principal of the Notes Class A Certificates at the Stated Maturity. In addition, on any day that the Indenture Trustee has actual knowledge or receives notice that any amount previously paid to a Noteholder Class A Certificateholder has been subsequently recovered by a trustee from such Noteholder Class A Certificateholder pursuant to a final nonappealable order of a court of competent jurisdiction that such paymentpayment constitutes a voidable preference within the meaning of the United States Bankruptcy Code (11 U.S.C.), as amended from time to time, to such Class A Certificateholder (a "Preference Claim"), the Trustee shall make a claim within three Business Days upon the Policy for the full amount of such Preference Claim in accordance with the terms of the Policy. Any proceeds of any such Preference Claim received by the Trustee shall be paid to the related Class A Certificateholder.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Rockford Industries Inc)

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