Common use of Pre-Funding Account Clause in Contracts

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor will deposit in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount from the proceeds of the sale of the Notes. On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account an amount equal to the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed to the Trust on such Subsequent Transfer Date and pay such amount to or upon the order of the Transferor upon satisfaction of the conditions set forth in this Agreement and in the related Transfer Agreement with respect to such transfer. (c) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of the Funding Period, after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b), the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account and deposit it in the Note Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Long Beach Acceptance Receivables Corp. II)

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Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trustee will deposit deposit, on behalf of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $37,352,728.96 from the proceeds of the sale of the Notes. On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing Trustee to withdraw from the Pre-Funding Account (i) an amount equal to the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit on such Subsequent Transfer Date upon satisfaction of the conditions set forth in the related Transfer this Agreement with respect to such transfer. (cb) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding PeriodPeriod ends, after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing Trustee to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Distribution Account. (c) All Pre-Funding Earnings will be deposited in the Collection Account on the Final Funding Period each Payment Date and deemed to be applied as a partial redemption part of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv)Total Distribution Amount.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trustee will deposit deposit, on behalf of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $27,084,817 from the proceeds of the sale of the NotesNotes and the Certificates. On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing Trustee to withdraw from the Pre-Funding Account (i) an amount equal to the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit on such Subsequent Transfer Date upon satisfaction of the conditions set forth in the related Transfer this Agreement with respect to such transfer. (cb) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing Trustee to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Distribution Account and the Certificate Prepayment Amount in the Certificate Distribution Account. (c) All Pre-Funding Earnings will be deposited in the Collection Account on the Final Funding Period each Payment Date and deemed to be applied as a partial redemption part of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv)Total Distribution Amount.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of and at the written direction of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $800,000,243.50 from the proceeds of the sale of the Notes. . (b) On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account (i) an amount equal to 98% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit for such Subsequent Transfer Date and to deposit such amount in the related Transfer Spread Account upon satisfaction of the conditions set forth in this Agreement with respect to such transfer. (c) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv)Distribution Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $50,392,880,18 from the proceeds of the sale of the NotesNotes and the Certificates. On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account (i) an amount equal to 91% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit on such Subsequent Transfer Date upon satisfaction of the conditions set forth in the related Transfer this Agreement with respect to such transfer. (cb) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and (i) deposit it an amount equal to the Note Prepayment Amount in the Note Distribution Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition and (ii) deposit an amount equal to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment DateCertificate Prepayment Amount in the Certificate Distribution Account, in accordance with the priority of payments under Section 5.6(c)(iv5.7(b).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of and at the written direction of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $75,000,686.78 from the proceeds of the sale of the Notes. On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account (i) an amount equal to 99% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit on such Subsequent Transfer Date upon satisfaction of the conditions set forth in the related Transfer this Agreement with respect to such transfer. (cb) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding Period, Period ends after giving effect to any reductions in the Pre-Pre- Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv)Distribution Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $56,164,777.29 from the proceeds of the sale of the NotesNotes and the Certificates. On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account (i) an amount equal to 91% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit on such Subsequent Transfer Date upon satisfaction of the conditions set forth in the related Transfer this Agreement with respect to such transfer. (cb) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv)Distribution Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of and at the written direction of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $900,001,040.96 from the proceeds of the sale of the Notes. . (b) On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account (i) an amount equal to 98% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit for such Subsequent Transfer Date and to deposit such amount in the related Transfer Spread Account upon satisfaction of the conditions set forth in this Agreement with respect to such transfer. (c) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv)Distribution Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $62,500,002.61 from the proceeds of the sale of the Notes. On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Pre- Funding Account (i) an amount equal to 91% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit on such Subsequent Transfer Date upon satisfaction of the conditions set forth in the related Transfer this Agreement with respect to such transfer. (cb) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv)Distribution Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $0 from the proceeds of the sale of the Notes. On each Subsequent Transfer Date, the Master Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account (i) an amount equal to 85.5% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit on such Subsequent Transfer Date upon satisfaction of the conditions set forth in the related Transfer this Agreement with respect to such transfer. (cb) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Pre-Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Master Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Distribution Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with the priority of payments under Section 5.6(c)(iv5.7(b).

Appears in 1 contract

Samples: Sale and Servicing Agreement (Advanta Automobile Receivables Trust 1997-1)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of and at the written direction of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $75,000,306.08 from the proceeds of the sale of the Notes. On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account (i) an amount equal to 97% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit on such Subsequent Transfer Date upon satisfaction of the conditions set forth in the related Transfer this Agreement with respect to such transfer. (cb) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding Period, Period ends after giving effect to any reductions in the Pre-Pre- Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv)Distribution Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

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Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $6,689,091.18 from the proceeds of the sale of the Notes. On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account an amount equal to 91% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement and in the related Transfer Agreement with respect to such transfer. The Trust Collateral Agent shall also deposit into the Pre-Funding Account any income or gain earned from the investment of amounts on deposit in the Pre-Funding Account as received. On each Distribution Date, any income and gain earned from the investment of amounts on deposit in the Pre-Funding Account since the previous Distribution Date (or the Closing Date, in the case of the first Distribution Date) shall be deposited into the Note Distribution Account. (cb) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Pre-Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Distribution Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with the priority of payments under Section 5.6(c)(iv5.7(b).

Appears in 1 contract

Samples: Sale and Servicing Agreement (National Auto Finance Co Inc)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $6,689,091.18 from the proceeds of the sale of the Notes. On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account (i) an amount equal to 91% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement and in the related Transfer Agreement with respect to such transfer. The Trust Collateral Agent shall also deposit into the Pre-Funding Account any income or gain earned from the investment of amounts on deposit in the Pre-Funding Account as received. On each Distribution Date, any income and gain earned from the investment of amounts on deposit in the Pre-Funding Account since the previous Distribution Date (or the Closing Date, in the case of the first Distribution Date) shall be deposited into the Note Distribution Account. (cb) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Pre-Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Distribution Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with the priority of payments under Section 5.6(c)(iv5.7(b).

Appears in 1 contract

Samples: Sale and Servicing Agreement (National Financial Auto Funding Trust)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of and at the written direction of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $800,000,710.57 from the proceeds of the sale of the Notes. . (b) On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account (i) an amount equal to 98% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit for such Subsequent Transfer Date and to deposit such amount in the related Transfer Spread Account upon satisfaction of the conditions set forth in this Agreement with respect to such transfer. (c) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv)Distribution Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of and at the written direction of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $699,999,188.44 from the proceeds of the sale of the Notes. . (b) On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account (i) an amount equal to 98% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit for such Subsequent Transfer Date and to deposit such amount in the related Transfer Spread Account upon satisfaction of the conditions set forth in this Agreement with respect to such transfer. (c) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv)Distribution Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of and at the written direction of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $925,000,242.40 from the proceeds of the sale of the Notes. . (b) On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account (i) an amount equal to 98% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay to distribute such amount to or upon the order of the Transferor Seller upon satisfaction of the conditions set forth in this Agreement with respect to such transfer and (ii) an amount equal to the Subsequent Spread Account Deposit for such Subsequent Transfer Date and to deposit such amount in the related Transfer Spread Account upon satisfaction of the conditions set forth in this Agreement with respect to such transfer. (c) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv)Distribution Account.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)

Pre-Funding Account. (a) Pursuant to Section 5.1(b), the Trust Collateral Agent shall establish and maintain the Pre-Funding Account as an Eligible Account in the name of the Trust for the benefit of the Noteholders, the Class C Certificateholder and the Note Insurer. (b) [On the Closing Date, the Transferor Trust Collateral Agent will deposit deposit, on behalf of and at the written direction of the Seller, in the Pre-Funding Account an amount equal to the Original Pre-Funded Amount $_________ from the proceeds of the sale of the Notes. . (b) On each Subsequent Transfer Date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw from the Pre-Funding Account an amount equal to ____% of the aggregate Principal Balance of the Subsequent Receivables (as of the related Subsequent Cutoff Date) conveyed transferred to the Trust Issuer on such Subsequent Transfer Date and pay such amount to or upon the order of the Transferor and, upon satisfaction of the conditions set forth in this Agreement and in the related Transfer Agreement with respect to such transfer, (i) to deposit in the Spread Account an amount equal to the related Subsequent Spread Account Deposit and (ii) to distribute the balance of the amount withdrawn from the Pre-Funding Account to or upon the order of the Seller. (c) If (i) the Pre-Funded Amount has not been reduced to zero by the close of business on the last day of date on which the Funding Period, Period ends after giving effect to any reductions in the Pre-Funded Amount on such last day of the Funding Period pursuant to Section 5.13(b)date, the Servicer shall instruct the Trust Collateral Agent in writing to withdraw such remaining portion of the Pre-Funded Amount from the Pre-Funding Account on the Mandatory Redemption Date the Pre-Funded Amount (exclusive of any Pre-Funding Earnings) and deposit it an amount equal to the Note Prepayment Amount in the Note Account on the Final Funding Period Payment Date to be applied as a partial redemption of the Notes, in addition to the payment of principal and interest that otherwise would be payable with respect to such Notes on such Payment Date, in accordance with Section 5.6(c)(iv)Distribution Account.]

Appears in 1 contract

Samples: Sale and Servicing Agreement (AFS Funding Trust)

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