Common use of Reimbursement and Additional Payment Obligation Clause in Contracts

Reimbursement and Additional Payment Obligation. (a) In accordance with the priorities established in Section 3.5 of the Sale and Allocation Agreement, the Insurer shall be entitled to (i) reimbursement for any payment made by the Insurer under the Policy, which reimbursement by the Issuer shall be due and payable on the date that any amount is to be paid pursuant to a Notice (as defined in the Policy), in an amount equal to the amount to be so paid and all amounts previously paid that remain unreimbursed, together with interest on any and all amounts remaining unreimbursed (to the extent permitted by law, if in respect of any unreimbursed amounts representing interest) from the date such amounts became due until paid in full (after as well as before judgment), at a rate of interest equal to the Late Payment Rate, (ii) payment or reimbursement of any other amounts owed to the Insurer under this Agreement together with interest thereon at a rate equal to the Late Payment Rate and (iii) reimbursement for any payments made by the Insurer with respect to the fees and expenses of a successor Servicer or with respect to any transition costs relating to the transfer of servicing from the Servicer to such successor Servicer together with interest thereon at a rate equal to the Late Payment Rate.

Appears in 3 contracts

Samples: Insurance Agreement (First Investors Financial Services Group Inc), Insurance Agreement (First Investors Financial Services Group Inc), Insurance Agreement (First Investors Financial Services Group Inc)

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Reimbursement and Additional Payment Obligation. (a) In accordance with the priorities established in Section 3.5 4.4(a) of the Sale and Allocation Servicing Agreement, the Note Insurer shall be entitled to (i) reimbursement for any payment made by the Note Insurer under the PolicyPolicies, which reimbursement by the Issuer shall be due and payable on the date that any amount is to be paid pursuant to a Notice (as defined in the Note Insurance Policy) or Demand for Payment (as defined in the Swap Policy), in an amount equal to the amount to be so paid and all amounts previously paid that remain unreimbursed, together with interest on any and all amounts remaining unreimbursed (to the extent permitted by law, if in respect of any unreimbursed amounts representing interest) from the date such amounts became due until paid in full (after as well as before judgment), at a rate of interest equal to the Late Payment Rate, (ii) payment or reimbursement of any other amounts owed to the Note Insurer under this Agreement together with interest thereon at a rate equal to the Late Payment Rate and (iii) reimbursement for any payments made by the Insurer with respect to the fees and expenses of a successor Servicer or with respect to any transition costs (not to exceed $200,000 in the aggregate) relating to the transfer of servicing from the Servicer to such successor Successor Servicer together with interest thereon at a rate equal to the Late Payment Rate.

Appears in 2 contracts

Samples: Insurance Agreement (Capital One Auto Finance Trust 2005-D), Insurance Agreement (Capital One Auto Receivables LLC)

Reimbursement and Additional Payment Obligation. (a) In Pursuant to and in accordance with the Indenture and the priorities established in Section 3.5 4.4(a) of the Sale and Allocation Servicing Agreement, the Note Insurer shall be entitled to (i) reimbursement for any payment made by the Note Insurer under the PolicyPolicies, which reimbursement by the Issuer shall be due and payable on the date that any amount is to be paid pursuant to a Notice (as defined in the Note Insurance Policy) or Demand for Payment (as defined in the Swap Policy), in an amount equal to the amount to be so paid and all amounts previously paid that remain unreimbursed, together with interest on any and all amounts remaining unreimbursed (to the extent permitted by law, if in respect of any unreimbursed amounts representing interest) from the date such amounts became due until paid in full (after as well as before judgment), at a rate of interest equal to the Late Payment Rate, (ii) payment or reimbursement of any other amounts owed to the Note Insurer under this Agreement together with interest thereon at a rate equal to the Late Payment Rate and (iii) reimbursement for any payments made by the Insurer with respect to the fees and expenses of a successor Servicer or with respect to any transition costs (not to exceed $200,000 in the aggregate) relating to the transfer of servicing from the Servicer to such successor Successor Servicer together with interest thereon at a rate equal to the Late Payment Rate.

Appears in 2 contracts

Samples: Insurance Agreement (Capital One Auto Receivables LLC), Insurance Agreement (Capital One Auto Receivables LLC)

Reimbursement and Additional Payment Obligation. (a) In accordance with the priorities established in Section 3.5 5.7 of the Sale and Allocation Servicing Agreement, the Insurer shall be entitled to (i) reimbursement for any payment made by the Insurer under the Policy, which reimbursement by the Issuer shall be due and payable on the date that any amount is to be paid pursuant to a Notice (as defined in the Policy), ) in an amount equal to the amount to be so paid and all amounts previously paid that remain unreimbursed, together with interest on any and all amounts remaining unreimbursed (to the extent permitted by law, if in respect of any unreimbursed amounts representing interest) from the date such amounts became due until paid in full (after as well as before judgment), at a rate of interest equal to the Late Payment Rate, (ii) payment or reimbursement of any other amounts owed to the Insurer under this Agreement hereunder together with interest thereon at a rate equal to the Late Payment Rate and Rate, (iii) reimbursement for any payments made by the Insurer with respect to the fees and expenses of a successor Servicer replacement servicer or with respect to any transition costs relating to the transfer of servicing from the Servicer to such successor Servicer the replacement servicer together with interest thereon at a rate equal to the Late Payment Rate, (iv) all costs and expenses of the Insurer in connection with any action, proceeding or investigation affecting the Issuer, or the Collateral or the rights or obligations of the Insurer hereunder or under the Policy or the Transaction Documents, including (without limitation) any judgment or settlement entered into affecting the Insurer or the Insurer’s interests, together with interest thereon at a rate equal to the Late Payment Rate and (v) reimbursement for any payments made by the Insurer on behalf of, or advanced to the Collateral Agent, the Trust Collateral Agent or the Trustee.

Appears in 2 contracts

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

Reimbursement and Additional Payment Obligation. (a) In accordance with the priorities established in Section 3.5 4.4(a) of the Sale and Allocation Servicing Agreement, the Note Insurer shall be entitled to (i) reimbursement for any payment made by the Note Insurer under the PolicyPolicies, which reimbursement by the Issuer shall be due and payable on the date that any amount is to be paid pursuant to a Notice (as defined in the Note Insurance Policy) or Demand for Payment (as defined in the Swap Policy), in an amount equal to the amount to be so paid and all amounts previously paid that remain unreimbursed, together with interest on any and all amounts remaining unreimbursed (to the extent permitted by law, if in respect of any unreimbursed amounts representing interest) from the date such amounts became due until paid in full (after as well as before judgment), at a rate of interest equal to the Late Payment Rate, (ii) payment or reimbursement of any other amounts owed to the Note Insurer under this Agreement together with interest thereon at a rate equal to the Late Payment Rate and (iii) reimbursement for any payments made by the Insurer with respect to the fees and expenses of a successor Servicer or with respect to any transition costs relating to the transfer of servicing from the Servicer to such successor Servicer together with interest thereon at a rate equal to the Late Payment Rate.

Appears in 1 contract

Samples: Insurance Agreement (Capital One Auto Receivables LLC)

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Reimbursement and Additional Payment Obligation. (a) In accordance with the priorities established in Section 3.5 5.7 of the Sale and Allocation Servicing Agreement, the Insurer shall be entitled to (i) reimbursement for any payment made by the Insurer under the Note Policy, which reimbursement by the Issuer shall be due and payable on the date that any amount is to be paid pursuant to a Payment Notice (as defined in the Note Policy), in an amount equal to the amount to be so paid and all amounts previously paid that remain unreimbursed, together with interest on any and all amounts remaining unreimbursed (to the extent permitted by law, if in respect of any unreimbursed amounts representing interest) from the date such amounts became due until paid in full (after as well as before judgment), at a rate of interest equal to the Late Payment Rate, (ii) payment or reimbursement of any other amounts owed to the Insurer under this Agreement hereunder together with interest thereon at a rate equal to the Late Payment Rate and Rate, (iii) reimbursement for any payments made by the Insurer with respect to the fees and expenses of a successor Servicer replacement servicer or with respect to any transition costs relating to the transfer of servicing from the Servicer to such successor Servicer the replacement servicer together with interest thereon at a rate equal to the Late Payment Rate and (iv) all costs and expenses of the Insurer in connection with any action, proceeding or investigation affecting the Trust, or the Collateral or the rights or obligations of the Insurer hereunder or under the Note Policy or the Transaction Documents, including (without limitation) any judgment or settlement entered into affecting the Insurer or the Insurer’s interests, together with interest thereon at a rate equal to the Late Payment Rate.

Appears in 1 contract

Samples: Insurance Agreement (UPFC Auto Receivables Corp.)

Reimbursement and Additional Payment Obligation. (a) In accordance with the priorities established in Section 3.5 2.3 of the Sale and Allocation Security Agreement, the Insurer shall be entitled to (i) reimbursement for any payment made by the Insurer under the Policy, which reimbursement by the Issuer shall be due and payable on the date that any amount is to be paid pursuant to a Notice (as defined in the Policy), in an amount equal to the amount to be so paid and all amounts previously paid that remain unreimbursed, together with interest on any and all amounts remaining unreimbursed (to the extent permitted by law, if in respect of any unreimbursed amounts representing interest) from the date such amounts became due until paid in full (after as well as before judgment), at a rate of interest equal to the Late Payment Rate, (ii) payment or reimbursement of any other amounts owed to the Insurer under this Agreement hereunder together with interest thereon at a rate equal to the Late Payment Rate and Rate, (iii) reimbursement for any payments made by the Insurer with respect to the fees and expenses of a successor Servicer the Standby Servicer, the fees and expenses of any replacement servicer or with respect to any transition costs relating to the transfer of servicing from the Servicer to such successor Servicer a replacement servicer, in each case together with interest thereon at a rate equal to the Late Payment Rate, and (iv) all costs and expenses of the Insurer in connection with any action, proceeding or investigation affecting the Debtor, or the Collateral or the rights or obligations of the Insurer hereunder or under the Policy or the Transaction Documents, including (without limitation) any judgment or settlement entered into affecting the Insurer or the Insurer’s interests, together with interest thereon at a rate equal to the Late Payment Rate.

Appears in 1 contract

Samples: Insurance Agreement (Americredit Corp)

Reimbursement and Additional Payment Obligation. (a) In accordance with the priorities established in Section 3.5 2.3 of the Sale and Allocation Security Agreement, the Insurer shall be entitled to (i) reimbursement for any payment made by the Insurer under the Policy, which reimbursement by the Issuer shall be due and payable on the date that any amount is to be paid pursuant to a Notice (as defined in the Policy), in an amount equal to the amount to be so paid and all amounts previously paid that remain unreimbursed, together with interest on any and all amounts remaining unreimbursed (to the extent permitted by law, if in respect of any unreimbursed amounts representing interest) from the date such amounts became due until paid in full (after as well as before judgment), at a rate of interest equal to the Late Payment Rate, (ii) payment or reimbursement of any other amounts owed to the Insurer under this Agreement hereunder together with interest thereon at a rate equal to the Late Payment Rate and Rate, (iii) reimbursement for any payments made by the Insurer with respect to the fees and expenses of a successor Servicer any replacement servicer or with respect to any transition costs relating to the transfer of servicing from the Servicer to such successor Servicer a replacement servicer, in each case together with interest thereon at a rate equal to the Late Payment Rate, and (iv) all costs and expenses of the Insurer in connection with any action, proceeding or investigation affecting the Debtor, or the Collateral or the rights or obligations of the Insurer hereunder or under the Policy or the Transaction Documents, including (without limitation) any judgment or settlement entered into affecting the Insurer or the Insurer’s interests, together with interest thereon at a rate equal to the Late Payment Rate.

Appears in 1 contract

Samples: Insurance Agreement (Americredit Corp)

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