Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Date, the Master Servicer will, out of all Collections received on such day: (i) determine the portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i) the Asset Interest and (ii) 100%; (ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above, identify and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each Agent pursuant to Section 2.5), all other amounts due to the Investors or the Agents hereunder and the Investors’ Share of the Servicing Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; and (iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “Reinvestment”); provided that: (A) if, after giving effect to such Reinvestment, (i) the Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount would exceed the Purchase Limit in effect at such time, then the Master Servicer shall not make such Reinvestment, but shall identify and hold in trust for the benefit of the Investors, a portion of such Collections which, together with other Collections previously identified and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit; and (B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and (C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount; (iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above, pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s Share of the Servicing Fee accrued through such day and not previously paid; and (v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) above.
Appears in 5 contracts
Samples: Receivables Purchase Agreement (Lennox International Inc), Receivables Purchase Agreement (Lennox International Inc), Receivables Purchase Agreement (Lennox International Inc)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On As of the close of business on each day during the period from the date of the first Purchase hereof to the Final Payout Termination Date, the Master Servicer willshall, out of all Collections received on such day:
(i) determine the portion of the Collections attributable on any day to the Asset Interest by multiplying (Ax) the amount of all Collections received on such Collections day times (B) the lesser of (iy) the Asset Interest and (ii) 100%Interest;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify set aside and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) Purchasers an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche the Capital (based on the rate information provided by each Agent the Administrator pursuant to Section 2.52.04), the accrued Fees, all other amounts due to Purchasers, the Investors Administrator, the Affected Parties or the Agents Indemnified Parties hereunder (other than the Capital) and the Investors’ Purchasers' Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; andset aside;
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust set aside pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
that (A) if, if there is an Excess Amount after giving effect to such Reinvestment, (i) the Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or other Collections previously set aside pursuant to this clause (iii) the Invested Amount would exceed the Purchase Limit in effect at such timeand then so held, then the Master Servicer shall not make a Reinvestment to such Reinvestmentextent, but shall identify set aside and hold in trust for the benefit of the InvestorsPurchasers, a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time Excess Amount; and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, 5.02 are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections;
(iv) pay to Seller (A) the portion of Collections not allocated to the Asset Interest pursuant to clause (i), but shall identify them less Seller's Share of Servicer's Fee accrued through such day, and hold them in trust for (B) the benefit of the InvestorsCollections applied to Reinvestment pursuant to clause (iii); and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(ivv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) aboveday.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (Conmed Corp), Receivables Purchase Agreement (Conmed Corp), Receivables Purchase Agreement (Avista Corp)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase hereof to the Final Payout Termination Date, the Master Servicer will, out of all Collections from Pool Receivables received on such dayday and on deposit in the Collection Account:
(i) determine the portion of the Collections attributable on any day to the Asset Interest by multiplying (Ax) the amount of such all Collections times in respect of the Pool Receivables TIMES (B) the lesser of (iy) the Asset Interest and (ii) 100%expressed as a percentage of the Net Pool Balance);
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause CLAUSE (i) aboveI), identify and hold set aside in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) Collection Account an amount equal to the sum of (A) the estimated amount of Earned Discount and CP Costs accrued to accrue in respect of each Asset Tranche the Purchaser's Total Investment (based on the rate information provided by each Agent the Administrator pursuant to Section 2.5SECTION 2.03 for the then-current Settlement Period), (B) all other amounts due to Purchaser, the Investors Administrator or the Agents Relationship Bank hereunder (other than the Purchaser's Total Investment), and (C) the Investors’ Purchaser's Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; andset aside;
(iii) apply determine the Collections allocated to the Asset Interest pursuant to clause CLAUSE (iI) above and not required set aside in the Collection Account pursuant to CLAUSE (II) (the "REINVESTMENT COLLECTIONS") to be identified and held in trust pursuant to clause (ii) above to for the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets in accordance with respect to such Pool Receivables SECTION 1.03(B) (each such purchase being a “Reinvestment”"REINVESTMENT"); provided that:;
(Aiv) if, after giving effect pay to such Reinvestment, (i) Seller the portion of Collections not allocated to the Asset Interest would exceed pursuant to CLAUSE (I), less the Allocation Limit, (ii) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount would exceed the Purchase Limit in effect at such time, then the Master Servicer shall not make such Reinvestment, but shall identify and hold in trust for the benefit Seller's Share of the Investors, a portion of such Collections which, together with other Collections previously identified and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation LimitServicer's Fee; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(ivv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause CLAUSE (i) aboveI), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) aboveday.
Appears in 3 contracts
Samples: Receivables Purchase Agreement (KBK Capital Corp), Receivables Purchase Agreement (KBK Capital Corp), Receivables Purchase Agreement (KBK Capital Corp)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day Business Day during the period from the date of hereof until the first Purchase to the Final Payout Termination Date, the Master Servicer willshall, out of all Collections received on such day:
(i) determine the portion of the Collections attributable on such day to the Asset Receivable Interest by multiplying (A) the amount of all Collections received on such Collections day, times (B) the lesser of (i) the Asset Interest and (ii) 100%Receivable Interest;
(ii) out of the portion of such Collections allocated to the Asset Receivable Interest pursuant to clause (ia)(i), (A) aboveif a Termination Event shall have occurred and be continuing, identify set aside and hold deposit into the Administrator’s Account in trust for the Purchaser Agents Purchasers or (B) in all other cases, otherwise provide that the Servicer will have available to it on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested next Settlement Date or as required by any Purchaser AgentSection 3.1(e), on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount Yield accrued and CP Costs accrued unpaid in respect of each Asset Tranche the Capital (based on the rate information provided by each Agent the Administrator pursuant to Section 2.52.4), the accrued Fees, all other amounts due to the Investors Purchasers, Administrator, the Affected Parties or the Agents Indemnified Parties hereunder (other than the Capital) and the InvestorsPurchasers’ Share of the Servicing Servicer’s Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; andset aside and deposited into the Administrator’s Account or its availability on the next Settlement Date provided for (it being understood that for so long as no Termination Event is then continuing, Seller may utilize funds to pay down notes owing to the Originators or invest funds with Land O’Lakes, Inc.);
(iii) apply the Collections allocated to the Asset Receivable Interest pursuant to clause (i) above a)(i), and not required to be identified and held in trust set aside for its availability provided for pursuant to clause (ii) above ), to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “Reinvestment”); provided that:
that (A) if, after giving effect to such Reinvestment, (i) if the Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Excess Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount would exceed the Purchase Limit in effect at such timeexceeds zero, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust deposit into the Administrator’s Account for the benefit of the InvestorsPurchasers, a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time Excess Amount; and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, 5.2 are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections;
(iv) pay to Seller (A) the portion of Collections not allocated to the Receivable Interest pursuant to clause (i), but shall identify them and hold them in trust for less the benefit Seller’s Share of the InvestorsServicer’s Fee, (B) the amounts, if any, to be made available to the Servicer on the next Settlement Date pursuant to clause (ii)(B) and (C) the Collections applied to Reinvestment pursuant to clause (iii); and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(ivv) out of the portion of Collections not allocated to the Asset Receivable Interest pursuant to clause (i) above), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s Share of the Servicing Servicer’s Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) aboveday.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Land O Lakes Inc), Receivables Purchase Agreement (Land O Lakes Inc)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Date, the Master Servicer will, out of all Collections received on such day:
(i) determine the portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i) the Asset Interest and (ii) 100%;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above, identify and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each Agent pursuant to Section 2.5), all other amounts due to the Investors or the Agents hereunder and the Investors’ Share of the Servicing Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; and
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “Reinvestment”); provided that:
(A) if, after giving effect to such Reinvestment, (i) the Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer shall not make such Reinvestment, but shall identify and hold in trust for the benefit of the Investors, a portion of such Collections which, together with other Collections previously identified and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such timeLimit, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above, pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s Share of the Servicing Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) above.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Lennox International Inc), Receivables Purchase Agreement (Lennox International Inc)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase hereof to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such day:
(i) determine the portion of the Collections attributable on any day to the Asset Interest by multiplying (Ax) the amount of such all Collections times (B) the lesser of (iy) the Asset Interest and (ii) 100%Interest;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify set aside and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche the Capital (based on the rate information provided by each Agent the Administrator pursuant to Section 2.52.04), the accrued Fees, all other amounts due to Purchaser, the Investors Administrator, the Affected Parties or the Agents Indemnified Parties hereunder (other than the Capital) and the Investors’ Purchaser's Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identifiedset aside; andprovided that unless the Administrator shall request it to do so in writing, Servicer shall not be required to hold Collections that have been set-aside in a separate deposit account containing only such Collections;
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust set aside pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
that (A) if, after giving effect to such Reinvestment, (i) if the Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Excess Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount would exceed the Purchase Limit in effect at such timeexceeds zero, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time Excess Amount; and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, 5.02 are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections;
(iv) pay to Seller (A) the portion of Collections not allocated to the Asset Interest pursuant to clause (i), but shall identify them and hold them in trust for less the benefit Seller's Share of the InvestorsServicer's Fee, and (B) the Collections applied to Reinvestment pursuant to clause (iii); and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(ivv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) aboveday.
Appears in 2 contracts
Samples: Receivables Purchase Agreement (D & K Healthcare Resources Inc), Receivables Purchase Agreement (Maxtor Corp)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine the portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i1) the Asset Interest and (ii2) 100%;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above, identify and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups Purchasers (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Groupthe related Purchaser, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each the Administrative Agent pursuant to Section 2.5), all other amounts due to the Investors Purchasers or the Agents hereunder and the Investors’ Purchasers' Share of the Servicing Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; and
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
(A) if, after giving effect to such Reinvestment, (i1) the Asset Interest would exceed the Allocation Limit, (ii2) the any Purchaser Group Invested Amount of any Purchaser Group would shall exceed such Purchaser Group’s the related Purchaser Group Limit in effect at such time or (iii3) the Invested Amount would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer shall not make such Reinvestment, but shall identify and hold in trust for the benefit of the InvestorsPurchasers, a portion of such Collections which, together with other Collections previously identified and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such timeLimit, (y) any Purchaser Group’s 's Purchaser Group Invested Amount to such Purchaser Group’s Purchaser 's Purchase Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in clause (a), (b) and (d) of Section 5.2, subject to the proviso set forth in Section 5.2, are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amountPurchasers;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above, pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) above.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Lennox International Inc)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day Business Day during the period from the date of hereof until the first Purchase to the Final Payout Termination Date, the Master Servicer willshall, out of all Collections received on such day:
(i) determine the portion of the Collections attributable on such day to the Asset Receivable Interest by multiplying (A) the amount of all Collections received on such Collections day, times (B) the lesser of (i) the Asset Interest and (ii) 100%Receivable Interest;
(ii) out of the portion of such Collections allocated to the Asset Receivable Interest pursuant to clause (ia)(i), (A) aboveif a Termination Event shall have occurred and be continuing, identify set aside and hold deposit into the Administrator's Account in trust for the Purchaser Agents Purchasers or (B) in all other cases, otherwise provide that the Servicer will have available to it on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested next Settlement Date or as required by any Purchaser AgentSection 3.1(e), on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount Yield accrued and CP Costs accrued unpaid in respect of each Asset Tranche the Capital (based on the rate information provided by each Agent the Administrator pursuant to Section 2.52.4), the accrued Fees, all other amounts due to the Investors Purchasers, Administrator, the Affected Parties or the Agents Indemnified Parties hereunder (other than the Capital) and the Investors’ Purchasers' Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; andset aside and deposited into the Administrator's Account or its availability on the next Settlement Date provided for;
(iii) apply the Collections allocated to the Asset Receivable Interest pursuant to clause (i) above a)(i), and not required to be identified and held in trust set aside or its availability provided for pursuant to clause (ii) above ), to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
that (A) if, after giving effect to such Reinvestment, (i) if the Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Excess Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount would exceed the Purchase Limit in effect at such timeexceeds zero, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust deposit into the Administrator's Account for the benefit of the InvestorsPurchasers, a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time Excess Amount; and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, 5.2 are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections;
(iv) pay to Seller (A) the portion of Collections not allocated to the Receivable Interest pursuant to clause (i), but shall identify them and hold them in trust for less the benefit Seller's Share of the InvestorsServicer's Fee, (B) the amounts, if any, to be made available to the Servicer on the next Settlement Date pursuant to clause (ii)(B) and (C) the Collections applied to Reinvestment pursuant to clause (iii); and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(ivv) out of the portion of Collections not allocated to the Asset Receivable Interest pursuant to clause (i) above), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) aboveday.
Appears in 1 contract
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase Transfer to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine set aside and hold in trust for the benefit of Transferee (or its assigns) that portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i) the Asset Interest and (ii) 100%Interest;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify segregate, set aside and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) Transferee an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each Agent the Administrator pursuant to Section 2.52.05), all other amounts due to the Investors Transferee or the Agents Administrator hereunder and the Investors’ Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; andset aside;
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (iSection 1.03(a)(i) above and not required to be identified and held in trust set aside pursuant to clause (iiSection 1.03(a)(ii) above to a transfer to the purchase from the Seller Administrator, on Transferee's behalf, by Transferor of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
(A) if, if after giving effect to such Reinvestment, (i1) the then Asset Interest would exceed the Allocation Limit, 100% or (ii2) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount Aggregate Outstandings would exceed the Purchase Limit in effect at such timeTransfer Limit, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust for the benefit of the InvestorsTransferee, a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to not more than 100% and the Allocation Aggregate Outstandings to an amount equal to or less than the Transfer Limit; and
(B) if any of the conditions precedent to Reinvestment set forth in clauses (a), (b) and (d) of Section 5.25.02, subject to the proviso set forth in Section 5.2therein, are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify set them aside and hold them in trust for the benefit of the InvestorsTransferee; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above, pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s Share of the Servicing Fee accrued through such day and not previously paid; and
(v) pay to the Seller Transferor (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above Section 1.03(a)(i), and (B) the Collections applied to Reinvestment pursuant to clause (iii) aboveSection 1.03(a)(iii).
Appears in 1 contract
Samples: Asset Interest Transfer Agreement (Westpoint Stevens Inc)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day Business Day during the period from the date of the first Purchase hereof to the Final Payout Date, the Master Servicer willshall, out of all Collections received on such day:
(i) determine the portion of the such Collections attributable on such day to the Asset Interest by multiplying (Ax) the amount of such Collections times (B) the lesser of (iy) the Asset Interest and (ii) 100%at such time;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify set aside and hold in trust for deposit into the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) Collection Account within two Business Days an amount at least equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche the Senior Investor Balance (based on the rate information provided by each Agent the Administrator pursuant to Section 2.52.03), all other amounts due to the Investors Purchaser or the Agents Administrator hereunder and the Investors’ Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and an amount equal to any Cash Collateral Shortfall and any Reserve Account Shortfall not so previously identified; andset aside;
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust set aside pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
that (A) if, after giving effect to such Reinvestment, (i) if the Asset Interest then Senior Investor Balance would exceed the Allocation Limit, (ii) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount would exceed the Purchase Limit in effect at such timeBenchmark Amount, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust for deposit into the benefit of the InvestorsCollection Account within two Business Days, a portion of such Collections which, together with other Collections previously identified set aside and then so heldheld in the Collection Account, shall equal the amount necessary to reduce (x) the Invested Amount Senior Investor Balance to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation LimitBenchmark Amount; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, 5.02 are not satisfied, satisfied then the Master Servicer shall not reinvest reinvest, but shall set aside and hold for the benefit of Purchaser, any of such remaining Collections, but which Collections shall identify them be deposited into the Collection Account within two Business Days; and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional shall have requested a reduction in the Invested Amount pursuant to Senior Investor Balance, then, during the times specified in Section 3.2(b3.02(b)(ii), then the Master Servicer shall not reinvest any reinvest, but shall set aside and hold for the benefit of Purchaser, a portion of such remaining Collections until the amount thereof not so reinvested shall equal the desired reduction amount;amount of such reduction; and
(iv) out of pay to Seller (A) the portion of such Collections not allocated to the Asset Interest pursuant to clause (i) above, pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s Share of the Servicing Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) above).
Appears in 1 contract
Samples: Receivables Purchase Agreement (Charming Shoppes Inc)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine the portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i) the Asset Interest and (ii) 100%Purchaser's Share;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each the Agent pursuant to Section 2.5)) of Earned Discount accrued in respect of each Asset Tranche, all other amounts due to the Investors Purchaser or the Agents Agent hereunder and the Investors’ Purchaser's Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identifiedaccounted for; and
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “Reinvestment”"REINVESTMENT"); provided that:
(A) if, after giving effect to such Reinvestment, if (iI) the then Asset Interest would exceed the Allocation Limit, Limit or (iiII) the Purchaser Group Invested Amount sum of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iiia) the Invested Amount and (b) the Aggregate Accruals would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer shall not make reinvest to the extent of such Reinvestmentexcess, but shall identify and hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously so identified and then so held, shall equal the amount necessary to reduce the sum of (xa) the Invested Amount and (b) the Aggregate Accruals to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in clause (a), (b) and (d) of Section 5.2, subject to the proviso set forth in Section 5.2, are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amountPurchaser;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above net of the amount paid to the Master Servicer pursuant to clause (iv) and (B) the Collections applied to Reinvestment pursuant to clause (iii) above).
Appears in 1 contract
Samples: Receivables Purchase Agreement (Cadmus Communications Corp/New)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day Business Day during the period from the date of the first Purchase hereof to the Final Payout Date, the Master Servicer willshall, out of all Collections received on such dayday from Pool Receivables:
(i) determine the portion of the such Collections attributable on such day to the Asset Interest by multiplying (Ax) the amount of such Collections times (B) the lesser of (iy) the Asset Interest and (ii) 100%expressed as a percentage of Net Pool Balance);
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify set aside and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount at least equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche the Purchaser's Total Investment (based on the rate information provided by each Agent the Administrator pursuant to Section 2.52.03), all other amounts due to Purchaser, the Investors Administrator or the Agents Relationship Bank hereunder and the Investors’ Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and an amount equal to any Cash Collateral Shortfall and any Spread Account Shortfall not so previously identifiedset aside; andprovided that unless the Administrator or the Relationship Bank shall request it to do so in writing (which writing shall set forth the reason for such request), Servicer shall not be required to hold Collections that have been set aside in a separate deposit account containing only such Collections but shall, to the extent any amount is set aside for any Cash Collateral Shortfall or any Spread Account Shortfall deposit such amount in the RPA Cash Collateral Account or Spread Account, as applicable;
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust set aside pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
that (A) ifif the then Asset Interest, after giving effect to such Reinvestmentexpressed as a percentage of Net Pool Balance, (i) the Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount would exceed the Purchase Limit in effect at such timethen, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, 5.02 are not satisfied, satisfied then the Master Servicer shall not reinvest reinvest, but shall set aside and hold for the benefit of Purchaser, any of such remaining Collections, but shall identify them ; and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional shall have requested a reduction in the Invested Amount pursuant to Purchaser's Total Investment, then, during the times specified in Section 3.2(b3.02(b)(ii), then the Master Servicer shall not reinvest any reinvest, but shall set aside and hold for the benefit of Purchaser, a portion of such remaining Collections until the amount thereof not so reinvested shall equal the desired reduction amount;amount of such reduction; and
(iv) out of pay to Seller (A) the portion of such Collections not allocated to the Asset Interest pursuant to clause (i) above, pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s Share of the Servicing Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) above).
Appears in 1 contract
Samples: Receivables Purchase Agreement (Charming Shoppes Inc)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase hereof to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such day:
(i) determine the portion of the Collections attributable on any day to the Asset Interest by multiplying (Ax) the amount of such all Collections times (B) the lesser of (iy) the Asset Interest and (ii) 100%Interest;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify set aside and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) Purchasers an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche the Capital (based on the rate information provided by each Agent pursuant to Section 2.52.04), the accrued Fees, all other amounts due to the Investors Purchasers, the Administrator, the Agents, the Affected Parties or the Agents Indemnified Parties hereunder (other than the Capital) and the Investors’ Purchasers' Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identifiedset aside; andprovided that unless the Administrator shall request it to do so in writing, Servicer shall not be required to hold Collections that have been set-aside in a separate deposit account containing only such Collections;
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust set aside pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
that (A) if, after giving effect to such Reinvestment, (i) if the Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Excess Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount would exceed the Purchase Limit in effect at such timeexceeds zero, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust for the benefit of the InvestorsPurchasers, a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time Excess Amount; and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, 5.02 are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections;
(iv) pay to Seller (A) the portion of Collections not allocated to the Asset Interest pursuant to clause (i), but shall identify them and hold them in trust for less the benefit Seller's Share of the InvestorsServicer's Fee, and (B) the Collections applied to Reinvestment pursuant to clause (iii); and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(ivv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) aboveday.
Appears in 1 contract
Samples: Receivables Purchase Agreement (D & K Healthcare Resources Inc)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine the portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i1) the Asset Interest and (ii2) 100%;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause CLAUSE (i) above, identify and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser the Administrative Agent, on behalf of such Purchaser Agent’s Purchaser Groupthe Purchaser, after a Credit Event, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each the Administrative Agent pursuant to Section SECTION 2.5), all other amounts due to the Investors Purchaser or the Agents Administrative Agent hereunder and the Investors’ Purchaser's Share of the Servicing Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; and
(iii) apply the Collections allocated to the Asset Interest pursuant to clause CLAUSE (i) above and not required to be identified and held in trust pursuant to clause CLAUSE (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “Reinvestment”"REINVESTMENT"); provided that:
(A) if, after giving effect to such Reinvestment, (i1) the Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii2) the Invested Amount would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer shall not make such Reinvestment, but shall identify and hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously identified and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, and (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in Section CLAUSE (a), (b) and (d) of SECTION 5.2, subject to the proviso set forth in Section SECTION 5.2, are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amountPurchaser;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause CLAUSE (i) above, pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause CLAUSE (i) above and (B) the Collections applied to Reinvestment pursuant to clause CLAUSE (iii) above.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Lennox International Inc)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day Business Day during the period from the date of the first Purchase hereof to the Final Payout Date, the Master Servicer willshall, out of all Collections received on such day:
(i) determine the portion of the such Collections attributable on such day to the Asset Interest by multiplying (Ax) the amount of such Collections times (B) the lesser of (iy) the Asset Interest and (ii) 100%at such time;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify set aside and hold in trust for deposit into the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) Collection Account within two Business Days an amount at least equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche the Senior Investor Balance (based on the rate information provided by each Agent the Administrator pursuant to Section 2.52.03), all other amounts due to the Investors Purchaser or the Agents Administrator hereunder and the Investors’ Share of the Servicing Servicer’s Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and an amount equal to any Cash Collateral Shortfall and any Reserve Account Shortfall not so previously identified; andset aside;
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust set aside pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “Reinvestment”); provided that:
that (A) if, after giving effect to such Reinvestment, (i) if the Asset Interest then Senior Investor Balance would exceed the Allocation Limit, (ii) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount would exceed the Purchase Limit in effect at such timeBenchmark Amount, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust for deposit into the benefit of the InvestorsCollection Account within two Business Days, a portion of such Collections which, together with other Collections previously identified set aside and then so heldheld in the Collection Account, shall equal the amount necessary to reduce (x) the Invested Amount Senior Investor Balance to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation LimitBenchmark Amount; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, 5.02 are not satisfied, satisfied then the Master Servicer shall not reinvest reinvest, but shall set aside and hold for the benefit of Purchaser, any of such remaining Collections, but which Collections shall identify them be deposited into the Collection Account within two Business Days; and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional shall have requested a reduction in the Invested Amount pursuant to Senior Investor Balance, then, during the times specified in Section 3.2(b3.02(b)(ii), then the Master Servicer shall not reinvest any reinvest, but shall set aside and hold for the benefit of Purchaser, a portion of such remaining Collections until the amount thereof not so reinvested shall equal the desired reduction amount;amount of such reduction; and
(iv) out of pay to Seller (A) the portion of such Collections not allocated to the Asset Interest pursuant to clause (i) above, pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s Share of the Servicing Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) above).
Appears in 1 contract
Samples: Receivables Purchase Agreement (Charming Shoppes Inc)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine the portion of the such Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i) the Asset Interest and (ii) 100%Purchaser's Share;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) account of the Purchaser unless requested by the Administrative Agent, on behalf of the Purchaser, which request may be made at any time after the occurrence and during the continuance of a Credit Event), an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each the Administrative Agent pursuant to Section 2.5), all other amounts due to the Investors Purchaser or the Agents Administrative Agent hereunder and the Investors’ Purchaser's Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identifiedaccounted for; and
(iii) apply the remainder of such Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust pursuant to clause (ii) above to the purchase by the Purchaser from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
(A) if, after giving effect to such Reinvestment, (i1) the Asset Interest would exceed the Allocation Limit, Limit or (ii2) the Purchaser Group Invested Amount sum of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iiia) the Invested Amount Purchaser's Total Investment and (b) the aggregate of the CP Discounts of all Commercial Paper Notes then outstanding would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer shall not make such ReinvestmentReinvestment to the extent of such excess, but shall identify and hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously so identified and then so held, shall equal the amount necessary to reduce (x) the Invested Amount sum of (a) the Purchaser's Total Investment and (b) the aggregate of the CP Discounts of all Commercial Paper Notes then outstanding to the Purchase Limit in effect at such time, and (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, 5.2 are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and
(C) if Purchaser in accordance with the Seller has commenced an optional reduction in the Invested Amount pursuant to provisions of Section 3.2(b1.3(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above net of the amount paid to the Master Servicer pursuant to clause (iv), and (B) the Collections applied to Reinvestment pursuant to clause (iii) above).
Appears in 1 contract
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine the portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (ix) the Asset Interest and (iiy) 100%;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify set aside and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that but, unless otherwise requested by any Purchaser Agentthe Administrator or the Relationship Bank, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate accountsegregate) an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each Agent the Administrator pursuant to Section 2.52.05), all other amounts due to Purchaser, the Investors Administrator, or the Agents Relationship Bank hereunder and the Investors’ Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; andset aside;
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust set aside pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
(A) if, after giving effect to such Reinvestment, if (iI) the then Asset Interest would exceed the Allocation Limit, Limit or (iiII) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount then Purchaser's Total Investment would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (x) the Invested Amount Purchaser's Total Investment to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in clause (a), (b) and (d) of Section 5.2, subject to the proviso set forth in Section 5.2, 5.02 are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify set them aside and hold them in trust for the benefit of the InvestorsPurchaser; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(iv) out of pay to Seller (A) the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above, pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s Share of the Servicing Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) above).
Appears in 1 contract
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine the portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i) the Asset Interest and (ii) 100%Purchaser's Share;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount (based on the rate information provided by the Agent pursuant to Section 2.5) of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each Agent pursuant to Section 2.5)Tranche, all other amounts due to the Investors Purchaser or the Agents Agent hereunder and the Investors’ Purchaser's Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identifiedaccounted for; and
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “Reinvestment”"REINVESTMENT"); provided thatPROVIDED THAT:
(A) if, after giving effect to such Reinvestment, if (iI) the then Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time 100% or (iiiII) the Invested Amount would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer shall not make reinvest to the extent of such Reinvestmentexcess, but shall identify and hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously so identified and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit100%; and
(B) if any of the conditions precedent to Reinvestment in clause (a), (b) and (d) of Section 5.2, subject to the proviso set forth in Section 5.2, are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amountPurchaser;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above net of the amount paid to the Master Servicer pursuant to clause (iv) and (B) the Collections applied to Reinvestment pursuant to clause (iii) above).
Appears in 1 contract
Samples: Receivables Purchase Agreement (Cadmus Communications Corp/New)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Termination Date, the Master Servicer Servicers will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine the portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i1) the Asset Interest and (ii2) 100%;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) aboveof this Section 1.3(a), identify set aside and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each the Administrative Agent pursuant to Section 2.5), all other amounts due to the Investors Purchaser or the Agents Administrative Agent hereunder and the Investors’ Purchaser's Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; andset aside;
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above of this Section 1.3(a) and not required to be identified and held in trust set aside pursuant to clause (ii) above of this Section 1.3(a) to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
(A) if, after giving effect to such Reinvestment, (i1) the Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii2) the Invested Amount would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer Servicers shall not make such Reinvestment, but shall identify set aside and hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (xI) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (zII) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in clause (a), (b), and (d) of Section 5.25.2(a), subject to the proviso set forth in Section 5.2therein, are not satisfied, then the Master Servicer Servicers shall not reinvest any of such remaining Collections, but shall identify set them aside and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amountPurchaser;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) aboveof this Section 1.3(a), pay to the Master Servicer Servicers (in such proportion as may from time to time be determined among the Servicers) or set aside (at the option of the Master ServicerServicers) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to either (1) the Asset Interest pursuant to clause (i) above of this Section 1.3(a) or (2) to the Servicers pursuant to clause (iv) of this Section 1.3(a), and (B) the Collections applied to Reinvestment pursuant to clause (iii) aboveof this Section 1.3(a).
Appears in 1 contract
Samples: Receivables Purchase Agreement (Georgia Gulf Corp /De/)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Date, the Master Servicer will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine the portion of the such Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i) the Asset Interest and (ii) 100%Purchaser's Share;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify and be deemed to hold in trust for the Purchaser Agents on behalf and for the benefit of their respective the Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of (A) the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each Agent the Administrator pursuant to Section 2.5)) of Earned Discount accrued in respect of each Asset Tranche, (B) all other amounts due to the Investors Purchaser or the Agents Administrator hereunder and (C) the Investors’ Purchaser's Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identifiedaccounted for; and
(iii) apply the remainder of such Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust pursuant to clause (ii) above to the purchase by the Purchaser from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
(A) if, after giving effect to such Reinvestment, if (iI) the then Asset Interest would exceed the Allocation Limit, Limit or (iiII) the Purchaser Group sum of (a) the then Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or and (iiib) the Invested Amount aggregate of the CP Discounts of all Commercial Paper Notes then outstanding would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer shall not make such ReinvestmentReinvestment to the extent of such excess, but shall identify and be deemed to hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously so identified and then so held, shall equal the amount necessary to reduce the sum of (xa) the then Invested Amount and (b) the aggregate of the CP Discounts of all Commercial Paper Notes then outstanding to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in clause (a), (b) and (d) of Section 5.2, subject to the proviso set forth in Section 5.2, are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and shall be deemed to hold them in trust for the benefit of the Investors; and
(C) if Purchaser, in accordance with the Seller has commenced an optional reduction in the Invested Amount pursuant to provisions of Section 3.2(b1.3(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above net of the amount paid to the Master Servicer pursuant to clause (iv), and (B) the Collections applied to Reinvestment pursuant to clause (iii) above).
Appears in 1 contract
Samples: Receivables Purchase Agreement (Lifestyle Furnishings International LTD)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day Business Day during the period from date hereof until the date of the first Purchase to the Final Payout Termination Date, the Master Servicer willshall, out of all Collections received on such day:
(i) determine the portion of the Collections attributable on such day to the Asset Receivable Interest by multiplying (A) the amount of all Collections received on such Collections day, times (B) the lesser of (i) the Asset Interest and (ii) 100%Receivable Interest;
(ii) out of the portion of such Collections allocated to the Asset Receivable Interest pursuant to clause (ia)(i), (A) aboveif a Termination Event shall have occurred and be continuing, identify set aside and hold deposit into the Administrator's Account in trust for the Purchaser Agents Purchasers or (B) in all other cases, otherwise provide that the Servicer will have available to it on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested next Settlement Date or as required by any Purchaser AgentSection 3.1(e), on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount Yield accrued and CP Costs accrued unpaid in respect of each Asset Tranche the Capital (based on the rate information provided by each Agent the Administrator pursuant to Section 2.52.4), the accrued Fees, all other amounts due to the Investors Purchasers, Administrator, the Affected Parties or the Agents Indemnified Parties hereunder (other than the Capital) and the Investors’ Purchasers' Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; andset aside and deposited into the Administrator's Account or its availability on the next Settlement Date provided for;
(iii) apply the Collections allocated to the Asset Receivable Interest pursuant to clause (i) above a)(i), and not required to be identified and held in trust set aside or its availability provided for pursuant to clause (ii) above ), to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
that (A) if, after giving effect to such Reinvestment, (i) if the Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Excess Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount would exceed the Purchase Limit in effect at such timeexceeds zero, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust deposit into the Administrator's Account for the benefit of the InvestorsPurchasers, a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time Excess Amount; and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, 5.2 are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections;
(iv) pay to Seller (A) the portion of Collections not allocated to the Receivable Interest pursuant to clause (i), but shall identify them and hold them in trust for less the benefit Seller's Share of the InvestorsServicer's Fee, (B) the amounts, if any, to be made available to the Servicer on the next Settlement Date pursuant to clause (ii)(B) and (C) the Collections applied to Reinvestment pursuant to clause (iii); and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(ivv) out of the portion of Collections not allocated to the Asset Receivable Interest pursuant to clause (i) above), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) aboveday.
Appears in 1 contract
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Termination Date, the Master Servicer Servicers will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine the portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i1) the Asset Interest and (ii2) 100%;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) aboveof this SECTION 1.3(a), identify set aside and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each the Administrative Agent pursuant to Section SECTION 2.5), all other amounts due to the Investors Purchaser or the Agents Administrative Agent hereunder and the Investors’ Purchaser's Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; andset aside;
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above of this SECTION 1.3(a) and not required to be identified and held in trust set aside pursuant to clause (ii) above of this SECTION 1.3
(a) to the purchase Purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “Reinvestment”"REINVESTMENT"); provided PROVIDED that:
(A) if, after giving effect to such Reinvestment, (i1) the Asset Interest would exceed the Allocation Limit, Limit or (ii2) the Purchaser Group Invested Amount sum of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iiia) the Invested Amount Purchaser's Total Investment and (b) the aggregate CP Discount would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer Servicers shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (x) the Invested Amount sum of (a) Purchaser's Total Investment and (b) aggregate CP Discount to the Purchase Limit in effect at such time, and (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in Section clause (a), (b) and (d) of SECTION 5.2, subject to the proviso set forth in Section 5.2therein, are not satisfied, then the Master Servicer Servicers shall not reinvest any of such remaining Collections, but shall identify set them aside and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amountPurchaser;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) aboveof this SECTION 1.3(a), pay to the Master Servicer Servicers (in such proportion as may from time to time be determined among the Servicers) or set aside (at the option of the Master ServicerServicers) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to either (x) the Asset Interest pursuant to clause (i) above of this SECTION 1.3(a) or (y) to the Servicers pursuant to clause (iv) of this SECTION 1.3(a), and (B) the Collections applied to Reinvestment pursuant to clause (iii) aboveof this SECTION 1.3(a).
Appears in 1 contract
Samples: Receivables Transfer Agreement (Georgia Gulf Corp /De/)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine the portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i1) the Asset Interest and (ii2) 100%;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above, identify and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups Purchasers (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Groupthe related Purchaser, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each the Administrative Agent pursuant to Section 2.5), all other amounts due to the Investors Purchasers or the Agents hereunder and the InvestorsPurchasers’ Share of the Servicing Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; and
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “Reinvestment”); provided that:
(A) if, after giving effect to such Reinvestment, (i1) the Asset Interest would exceed the Allocation Limit, (ii2) the any Purchaser Group Invested Amount of any Purchaser Group would shall exceed such Purchaser Group’s the related Purchaser Group Limit in effect at such time or (iii3) the Invested Amount would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer shall not make such Reinvestment, but shall identify and hold in trust for the benefit of the InvestorsPurchasers, a portion of such Collections which, together with other Collections previously identified and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such timeLimit, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Purchase Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in clause (a), (b) and (d) of Section 5.2, subject to the proviso set forth in Section 5.2, are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amountPurchasers;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above, pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s Share of the Servicing Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) above.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Lennox International Inc)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine the portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i1) the Asset Interest and (ii2) 100%;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above, identify and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser the Administrative Agent, on behalf of such Purchaser Agent’s Purchaser Groupthe Purchaser, after a Credit Event, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each the Administrative Agent pursuant to Section 2.5), all other amounts due to the Investors Purchaser or the Agents Administrative Agent hereunder and the Investors’ Purchaser's Share of the Servicing Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; and
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
(A) if, after giving effect to such Reinvestment, (i1) the Asset Interest would exceed the Allocation Limit, Limit or (ii2) the Purchaser Group Invested Amount sum of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iiiI) the Invested Amount Purchaser's Total Investment and (II) the aggregate CP Discount would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify and hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously identified and then so held, shall equal the amount necessary to reduce (x1) the Invested Amount sum of (I) the Purchaser's Total Investment and (II) the aggregate CP Discount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z2) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in clause (a), (b) and (d) of Section 5.2, subject to the proviso set forth in Section 5.2, are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amountPurchaser;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above, pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) above.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Lennox International Inc)
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase hereof to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such day:
(i) determine the portion of the Collections attributable on any day to the Asset Interest by multiplying (Ax) the amount of such all Collections times (B) the lesser of (iy) the Asset Interest and (ii) 100%Interest;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify set aside and hold in trust for the Purchaser Agents on behalf and for Purchasers in the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) Collection Account an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche the Capital (based on the rate information provided by each Agent pursuant to Section 2.52.4), the accrued Fees, all other amounts due to the Investors Purchasers, the Administrator, the Agents, the Affected Parties or the Agents Indemnified Parties hereunder (other than the Capital) and the Investors’ Purchasers' Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identified; andset aside;
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust set aside pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
that (A) if, after giving effect to such Reinvestment, (i) if the Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Excess Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount would exceed the Purchase Limit in effect at such timeexceeds zero, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust for the benefit of the InvestorsPurchasers, in the Collection Account a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time Excess Amount; and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in Section 5.2, subject to the proviso set forth in Section 5.2, 5.2 are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(iv) pay to Seller the Collections applied to Reinvestment pursuant to clause (iii);
(v) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paidday; and
(vvi) pay to hold in the Seller (A) Collection Account for distribution on the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) abovenext Settlement Date all other Collections.
Appears in 1 contract
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase Amendment Effective Time to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such dayday from Pool Receivables:
(i) determine the portion of the such Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (ix) the Asset Interest and (iiy) 100%;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify set aside and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each Agent the Administrator pursuant to Section 2.52.05), all other amounts due to the Investors Purchaser or the Agents Administrator hereunder and the Investors’ Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identifiedset aside; andprovided that, unless the Administrator shall have requested it in writing to do so, Servicer shall not be required to hold Collections that have been set aside in a separate deposit account containing only such Collections;
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust set aside pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
(A) if, after giving effect to such Reinvestment, if (iI) the then Asset Interest would exceed the Allocation Limit, Limit or (iiII) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time or (iii) the Invested Amount then Purchaser's Total Investment would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer shall not make such Reinvestmentreinvest, but shall identify set aside and hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously identified set aside and then so held, shall equal the amount necessary to reduce (x) the Invested Amount Purchaser's Total Investment to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit; and
(B) if any of the conditions precedent to Reinvestment in clause (a), (b) and (d) of Section 5.2, subject to the proviso set forth in Section 5.2, are 5.02 is not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amount;
(iv) out of pay to Seller (A) the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above, pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s Share of the Servicing Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above and (B) the Collections applied to Reinvestment pursuant to clause (iii) above).
Appears in 1 contract
Reinvestments of Certain Collections; Payment of Remaining Collections. (a) On the close of business on each day during the period from the date of the first Purchase to the Final Payout Termination Date, the Master Servicer will, out of all Collections received on such dayday from Pool Receivables and Related Assets:
(i) determine the portion of the Collections attributable to the Asset Interest by multiplying (A) the amount of such Collections times (B) the lesser of (i) the Asset Interest and (ii) 100%Purchaser's Share;
(ii) out of the portion of such Collections allocated to the Asset Interest pursuant to clause (i) above), identify and hold in trust for the Purchaser Agents on behalf and for the benefit of their respective Purchaser Groups (provided that unless otherwise requested by any Purchaser Agent, on behalf of such Purchaser Agent’s Purchaser Group, such Collections shall not be required to be held in a separate account) an amount equal to the sum of the estimated amount (based on the rate information provided by the Agent pursuant to Section 2.5) of Earned Discount and CP Costs accrued in respect of each Asset Tranche (based on the rate information provided by each Agent pursuant to Section 2.5)Tranche, all other amounts due to the Investors Purchaser or the Agents Agent hereunder and the Investors’ Purchaser's Share of the Servicing Servicer's Fee allocable pursuant to Section 3.1(d) (in each case, accrued through such day) and not so previously identifiedaccounted for; and
(iii) apply the Collections allocated to the Asset Interest pursuant to clause (i) above and not required to be identified and held in trust pursuant to clause (ii) above to the purchase from the Seller of undivided percentage ownership interests in Pool Receivables and the Related Assets with respect to such Pool Receivables (each such purchase being a “"Reinvestment”"); provided that:
(A) if, after giving effect to such Reinvestment, if (iI) the then Asset Interest would exceed the Allocation Limit, (ii) the Purchaser Group Invested Amount of any Purchaser Group would exceed such Purchaser Group’s Purchaser Group Limit in effect at such time 100% or (iiiII) the Invested Amount would exceed the Purchase Limit in effect at such timeLimit, then the Master Servicer shall not make reinvest to the extent of such Reinvestmentexcess, but shall identify and hold in trust for the benefit of the InvestorsPurchaser, a portion of such Collections which, together with other Collections previously so identified and then so held, shall equal the amount necessary to reduce (x) the Invested Amount to the Purchase Limit in effect at such time, (y) any Purchaser Group’s Purchaser Group Invested Amount to such Purchaser Group’s Purchaser Group Limit in effect at such time and (z) the Asset Interest to the Allocation Limit100%; and
(B) if any of the conditions precedent to Reinvestment in clause (a), (b) and (d) of Section 5.2, subject to the proviso set forth in Section 5.2, are not satisfied, then the Master Servicer shall not reinvest any of such remaining Collections, but shall identify them and hold them in trust for the benefit of the Investors; and
(C) if the Seller has commenced an optional reduction in the Invested Amount pursuant to Section 3.2(b), then the Master Servicer shall not reinvest any such remaining Collections until the amount not reinvested shall equal the desired reduction amountPurchaser;
(iv) out of the portion of Collections not allocated to the Asset Interest pursuant to clause (i) above), pay to the Master Servicer or set aside (at the option of the Master Servicer) the Seller’s 's Share of the Servicing Servicer's Fee accrued through such day and not previously paid; and
(v) pay to the Seller (A) the remaining portion of Collections not allocated to the Asset Interest pursuant to clause (i) above net of the amount paid to the Master Servicer pursuant to clause (iv) and (B) the Collections applied to Reinvestment pursuant to clause (iii) above).
Appears in 1 contract
Samples: Receivables Purchase Agreement (Cadmus Communications Corp/New)