Remittances. On each Remittance Date the Servicer shall remit by wire transfer of immediately available funds to the Owner (a) all amounts deposited in the Custodial Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer.
Appears in 31 contracts
Sources: Correspondent Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-22), Correspondent Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Correspondent Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust)
Remittances. On (a) Ford Credit will be required to remit payments it receives from or on behalf Obligors on the Receivables (including Payaheads but excluding payments on Purchased Receivables and amounts constituting the Supplemental Servicing Fee) to the Collection Account (1) within two Business Days of receipt, or (2) if Ford Credit's short term unsecured debt is rated at least "P-1" by Moody's, "A-1" by S&P and "F1" by Fitch Ratings, on the Business Day ▇▇▇▇▇▇ing each Payment Date (or, upon receipt of Rating Agency Confirmation, each Payment Date) (this clause (2) is referred to as the "Monthly Remittance Date Condition"); provided, however, if Ford Credit's short term debt rating does not satisfy the Servicer shall levels specified for the Monthly Remittance Condition for one or more of the Rating Agencies, Ford Credit may remit by wire transfer of immediately available funds collections less frequently than daily, but not later than the Payment Date, if it provides to the Owner Trustee and Indenture Trustee written confirmation from each Rating Agency that rates Ford Credit lower than the rating required for the Monthly Remittance Condition that such alternative remittance schedule will not result in a downgrade or withdrawal by such Rating Agency of any of its ratings assigned to the Securities. If Ford Credit is not the Servicer or an Event of Servicing Termination occurs, the Servicer will be required to remit payments it receives from or on behalf of Obligors on the Receivables (including Payaheads but excluding payments on Purchased Receivables and amounts constituting the Supplemental Servicing Fee), to the Collection Account within two Business Days of receipt. Pending deposit into the Collection Account, such payments may be used by the Servicer at its own risk and for its own benefit and are not required to be segregated from its own funds.
(b) Subject to Section 4.3 (a) all amounts deposited ), the Servicer will not be required to segregate or otherwise hold separate any Payaheads but will be required to remit Payaheads to the Collection Account in accordance with Section 4.7(a)(i). At any time that the Custodial Monthly Remittance Condition is not satisfied, the Servicer will deposit into the Payahead Account the amount of any Payaheads then held or received by it (which amount will be at least equal to the Payahead Balance as of the close of business on the Determination Date (net last day of charges against or withdrawals from the Custodial Account pursuant to Section 4.05immediately preceding Collection Period), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus .
(c) any amounts attributable to Principal Prepayments received after The Trust and the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall Indenture Trustee will not be deemed an extension to have knowledge of time for payment any failure to satisfy the Monthly Remittance Condition or a waiver of any Event of Default by Servicing Termination that would require remittances to the ServicerCollection Account within two Business Days of receipt unless the Trust or the Indenture Trustee has received notice of such event or circumstance from the Seller or the Servicer in an Officer's Certificate or from the Noteholders of Notes evidencing not less than 25% of the Note Balance of the Notes Outstanding or from the Certificateholders of Certificates evidencing not less than 25% of the Aggregate Certificate Balance or unless a Trustee Officer in the Corporate Trust Office with knowledge thereof and familiarity therewith has actual knowledge of such event or circumstance.
Appears in 4 contracts
Sources: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)
Remittances. On each Remittance Date the Servicer shall remit by wire transfer of immediately available funds to the Owner (a) all amounts deposited in On each Servicer Business Day, commencing (i) for purposes of Securitization Charges collected from residential Customers, the Custodial Account as Weighted Average Days Outstanding (Residential) after each of the close Securitization Charges are first billed to residential Customers and (ii) for purposes of business on Securitization Charges collected from all other Customers, the Determination Date Weighted Average Days Outstanding (net Commercial) after each of charges against or withdrawals from the Custodial Account pursuant Securitization Charges are first billed to Section 4.05)such other Customers, plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment each in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day terms of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a ReconstitutionFinancing Order, the Servicer shall submit calculate and remit within two Servicer Business Days after deemed receipt to the General Subaccount of the Collection Account an amount equal to the total Estimated Securitization Charge Collections deemed to have been received by the Servicer on such Servicer Business Day (the “Daily Remittance Amount”), which Daily Remittance Amount shall be calculated according to the procedures set forth in Annex I. Prior to each remittance to the General Subaccount of the Collection Account pursuant to this Section 6.11, the Servicer shall provide written notice (which may be via electronic means, including electronic mail) to the Indenture Trustee of each such remittance (including the exact dollar amount to be remitted). The Servicer shall also, promptly upon receipt, remit to the Collection Account any other proceeds of the Securitization Bond Collateral which it may receive from time to time.
(b) The Servicer agrees and acknowledges that it holds all Securitization Charge Collections collected by it and any other proceeds for the Securitization Bond Collateral received by it for the benefit of the Indenture Trustee and the Holders and that all such amounts will be remitted by the Servicer in accordance with this Section 6.11 without any surcharge, fee, offset, charge or other deduction except (i) as set forth in clause (c) below and (ii) for late fees and investment earnings permitted by Section 6.06. The Servicer further agrees not to make any claim to reduce its obligation to remit all Securitization Charge Collections collected by it in accordance with this Servicing Agreement except (i) as set forth in clause (c) below and (ii) for late fees and investment earnings permitted by Section 6.06.
(c) Not less than semi-annually (except in the case of the period prior to the first Payment Date, which may be longer than six months), but in no event more than sixty (60) days after each Payment Date, the Servicer shall calculate the amount of any Remittance Shortfall or Excess Remittance attributable to the prior Reconciliation Period and (A) if a Remittance Shortfall exists, the Servicer shall make a supplemental remittance to the General Subaccount of the Collection Account within two (2) separate remittance wire transfers to Servicer Business Days following such calculation in the Master Serviceramount of such Remittance Shortfall, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required or (B) if an Excess Remittance exists, the Servicer may reduce the amount of each Daily Remittance Amount to be made to the Master General Subaccount of the Collection Account on succeeding Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis Business Days in an amount equal to the following wire account amount of such Excess Remittance until the balance of such Excess Remittance has been reduced to zero. The Servicer shall deliver a written report setting forth in reasonable detail the calculation of any Excess Remittance or Remittance Shortfall to such other account as may be specified the Issuer, the Indenture Trustee and the Rating Agencies.
(d) Unless otherwise directed to do so by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was dueIssuer, the Servicer shall pay be responsible for selecting Eligible Investments in which the funds in the Accounts shall be invested pursuant to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the ServicerIndenture (including Section 8.03 thereof).
Appears in 3 contracts
Sources: Securitization Property Servicing Agreement (DTE Electric Securitization Funding II LLC), Securitization Property Servicing Agreement (DTE Electric Securitization Funding II LLC), Securitization Property Servicing Agreement (DTE Electric Securitization Funding II LLC)
Remittances. On each (a) Initially, the Securitization Charge Collections on any Servicer Business Day (the “Daily Remittance”) shall be calculated according to the procedures set forth in Annex I and remitted by the Servicer as soon as reasonably practicable to the General Subaccount of the Collection Account but in no event later than two Servicer Business Days following such Servicer Business Day. While Daily Remittances are based on estimated Securitization Charge Collections, periodic reconciliations of estimated Securitization Charge Collections to actual collected Securitization Charges shall be as set forth in Annex I. The Servicer shall have the right and ability under this Agreement to switch the Daily Remittance Date from remitting Securitization Charges based on estimated daily Securitization Charges to remitting actual collected Securitization Charges; provided, however, prior to such switch the Servicer shall have provided written notice of such switch to the Issuer, the Trustee and the Rating Agencies. If and when the Servicer switches to remitting actual collected Securitization Charges instead of estimated Securitization Charge Collections, the Servicer shall remit by wire transfer of immediately available funds Securitization Charge Collections on each Servicer Business Day (the “Daily Remittance”)1 as soon as reasonably practicable after collection to the Owner (a) all amounts deposited in the Custodial Account as General Subaccount of the close Collection Account but in no event later than two Servicer Business Days following receipt of business on the Determination Date (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be such Securitization Charge Collections. Until Securitization Charge Collections are remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a ReconstitutionCollection Account, the Servicer shall submit two (2) separate not be required to segregate them from its general funds. Prior to each remittance wire transfers to the Master ServicerGeneral Subaccount of the Collection Account pursuant to this Section 6.12, one relating the Servicer shall provide written notice (which may be via electronic means, including electronic mail) to Reconstituted Mortgage Loans and one relating the Trustee and, upon request, to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required the Issuer of each such remittance (including the exact dollar amount to be made remitted). The Servicer shall also, promptly upon receipt, remit to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to Collection Account any other proceeds of the following wire account or to such other account as Trust Estate that it may be specified by the Master Servicer receive from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [.
(b) The Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to agrees and acknowledges that it holds all Securitization Charge Payments collected by it and any other proceeds for the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance Trust Estate received by it for the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as benefit of the date of each change, plus four percentage points, but in no event greater than Trustee and the maximum amount permitted by applicable law. Such interest shall Holders and that all such amounts will be deposited in the Custodial Account remitted by the Servicer on the date such late payment is made in accordance with this Section 6.12 without any surcharge, fee, offset, charge or other deduction except for and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Dateearnings permitted by Section 6.07. The payment Servicer further agrees not to make any claim to reduce its obligation to remit all Securitization Charge Payments collected by it in accordance with this Agreement.
1 After the switch from remitting Securitization Charges based on estimated daily Securitization Charges to remitting actual collected Securitization Charges, the defined term “Daily Remittance” shall mean the Securitization Charges collected on such Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the ServicerBusiness Day.
Appears in 3 contracts
Sources: Securitization Property Servicing Agreement (SIGECO Securitization I, LLC), Securitization Property Servicing Agreement (SIGECO Securitization I, LLC), Securitization Property Servicing Agreement (SIGECO Securitization I, LLC)
Remittances. On each Remittance Date the Servicer shall remit by wire transfer of immediately available funds to the Owner (a) all amounts deposited in On each Servicer Business Day, commencing (i) for purposes of Securitization Charges collected from residential Customers, the Custodial Account as Weighted Average Days Outstanding (Residential) after each of the close Securitization Charges are first billed to residential Customers and (ii) for purposes of business on Securitization Charges collected from all other Customers, the Determination Date Weighted Average Days Outstanding (net Commercial) after each of charges against or withdrawals from the Custodial Account pursuant Securitization Charges are first billed to Section 4.05)such other Customers, plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment each in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day terms of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a ReconstitutionFinancing Order, the Servicer shall submit calculate and remit within two Servicer Business Days after deemed receipt to the General Subaccount of the appropriate Collection Account an amount equal to the total Estimated Distribution Securitization Charge Collections or Estimated Power Supply Securitization Charge Collections deemed to have been received by the Servicer on such Servicer Business Day (the “Daily Remittance Amount”), which Daily Remittance Amount shall be calculated according to the procedures set forth in Annex I. Prior to each remittance to the General Subaccount of the applicable Collection Account pursuant to this Section 6.11, the Servicer shall provide written notice (which may be via electronic means, including electronic mail) to the Indenture Trustee of each such remittance (including the exact dollar amount to be remitted). The Servicer shall also, promptly upon receipt, remit to the appropriate Collection Account any other proceeds of the Securitization Bond Collateral which it may receive from time to time.
(b) The Servicer agrees and acknowledges that it holds all Distribution Securitization Charge Collections or Power Supply Securitization Charge Collections collected by it and any other proceeds for the Securitization Bond Collateral received by it for the benefit of the Indenture Trustee and the Holders and that all such amounts will be remitted by the Servicer in accordance with this Section 6.11 without any surcharge, fee, offset, charge or other deduction except (i) as set forth in clause (c) below and (ii) for late fees and investment earnings permitted by Section 6.06. The Servicer further agrees not to make any claim to reduce its obligation to remit all Distribution Securitization Charge Collections or Power Supply Securitization Charge Collections collected by it in accordance with this Servicing Agreement except (i) as set forth in clause (c) below and (ii) for late fees and investment earnings permitted by Section 6.06.
(c) Not less than semi-annually (except in the case of the period prior to the first Payment Date, which may be longer than six months), but in no event more than sixty (60) days after each Payment Date, the Servicer shall calculate the amount of any Remittance Shortfall or Excess Remittance attributable to the prior Reconciliation Period and (A) if a Remittance Shortfall exists, the Servicer shall make a supplemental remittance to the General Subaccount of the appropriate Collection Account within two (2) separate remittance wire transfers to Servicer Business Days following such calculation in the Master Serviceramount of such Remittance Shortfall, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required or (B) if an Excess Remittance exists, the Servicer may reduce the amount of each Daily Remittance Amount to be made to the Master General Subaccount of the appropriate Collection Account on succeeding Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis Business Days in an amount equal to the following wire account amount of such Excess Remittance until the balance of such Excess Remittance has been reduced to zero. The Servicer shall deliver a written report setting forth in reasonable detail the calculation of any Excess Remittance or Remittance Shortfall to such other account as may be specified the Issuer, the Indenture Trustee and the Rating Agencies.
(d) Unless otherwise directed to do so by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was dueIssuer, the Servicer shall pay be responsible for selecting Eligible Investments in which the funds in the Accounts shall be invested pursuant to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the ServicerIndenture (including Section 8.03 thereof).
Appears in 2 contracts
Sources: Securitization Property Servicing Agreement (DTE Electric Securitization Funding I LLC), Securitization Property Servicing Agreement (DTE Electric Securitization Funding I LLC)
Remittances. On each Remittance Date the Servicer shall remit by wire transfer of immediately available funds to the Owner (a) all Notwithstanding any other provision of this Agreement, for so long as MBFS USA is the Servicer and the Lender, MBFS USA may retain, for its own account, Collections with respect to the Revolving Facility Pool (i) to the extent of amounts deposited (A) to be paid to it, as (1) Servicer in respect of the Revolving Facility Pool Servicing Fee or (2) Lender, for interest, principal or other amounts with respect to the Revolving Facility and (B) for which MBFS USA, as Servicer, is entitled to be reimbursed pursuant to Sections 3.09(c) and (d) and (ii) until such amounts are otherwise required to be applied pursuant to Article Ten of the Collateral Agency Agreement. In addition, in the Custodial event that a Revolving Facility Collection Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account is created pursuant to Section 4.055.02(a), plus (bi) all amounts, if any, which Collections with respect to the Servicer is obligated Revolving Facility Pool need not be deposited therein to distribute the extent that such Collections are permitted to be retained pursuant to this subsection and Section 5.03, minus 2.04(b) of the Basic Collateral Agency Agreement and (cii) any amounts attributable if Collections with respect to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest Revolving Facility Pool are required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitutiontherein, the Servicer shall submit two be permitted to retain such Collections received during or in respect of a Collection Period until the related Payment Date. The Servicer will separately account for all such remittances and payments.
(2b) separate remittance wire transfers The Servicer will deposit Collections with respect to each Reference Pool into the related Collection Account pursuant to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans remittance schedule set forth in the related Servicing Supplement; provided that are not then subject to for so long as the Monthly Remittance Condition is satisfied or if the Servicer has obtained a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was dueLetter of Credit, the Servicer shall pay be permitted to retain Collections with respect to a Reference Pool received during or in respect of a Collection Period until the related Deposit Date. If no such remittance schedule is specified in the Servicing Supplement with respect to any Reference Pool, the Servicer will be permitted to retain Collections with respect to such Reference Pool for its own account until such amounts are required to be applied pursuant to Article Ten of the Collateral Agency Agreement.
(c) The Servicer will remit to the Owner interest on appropriate tax authority all sales and use, monthly rental receipts, personal property and ad valorem taxes collected by it from the Lessees with respect to the Collateral Assets in accordance with the Credit and Collection Policy.
(d) Notwithstanding any such late payment at other provision of this Agreement, except as otherwise provided in an annual rate Exchange Note Supplement or Servicing Supplement, in the case of proceeds from the sale or other disposition of a Vehicle (less related Liquidation Expenses), the Servicer shall deposit into the related Collection Account when due an amount equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater such net proceeds rather than the maximum amount permitted by applicable law. Such interest actual net proceeds from such sale or other disposition, which actual net proceeds shall be deposited in the Custodial into a Qualified Intermediary Account by the Servicer on the date such late payment is made and shall cover not constitute amounts payable in respect of the period commencing with Revolving Facility or the day following such second Business Day and ending with related Reference Pool, as the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicercase may be.
Appears in 2 contracts
Sources: Servicing Agreement (Mercedes-Benz Auto Lease Trust 2023-A), Servicing Agreement (Mercedes-Benz Auto Lease Trust 2023-A)
Remittances. On each The Servicer shall deposit an amount equal to all Collections received by the Servicer into the Collection Account within the time, not to exceed two Business Days after its receipt thereof, necessary for the Servicer to clear any payments of Collections received; provided, however, that if the Monthly Remittance Date Condition is satisfied, then the Servicer shall remit by wire transfer of immediately available funds not be required to deposit into the Collection Account an amount equal to the Owner (a) all amounts deposited in the Custodial Account as of the close of business Collections received during any Collection Period until noon, New York City time, on the Determination Date Business Day prior to the related Payment Date. The “Monthly Remittance Condition” shall be deemed to be satisfied if (net i) SBNA or one of charges against its Affiliates is the Servicer, (ii) no Event of Default or withdrawals Servicer Replacement Event has occurred and is continuing, (iii) Santander Holdings USA, Inc. has a long-term unsecured debt rating of at least “Baa3” from Moody’s, (iv) Santander Holdings USA, Inc. has either (x) a long-term unsecured debt rating of at least “BBB” from Fitch or (y) a short-term unsecured debt rating of at least “F2” from Fitch and (v) SBNA is a direct or indirect subsidiary of Banco Santander, S.A.; provided, further, that, at any time after an FDIC Safe Harbor Compliance Event has occurred and is continuing, the Custodial Account pursuant Monthly Remittance Condition shall be deemed to Section 4.05)not be satisfied. Notwithstanding the foregoing, plus (b) all amounts, if any, which the Servicer may remit Collections to the Collection Account on any other alternate remittance schedule (but not later than the Business Day prior to the related Payment Date) if the Rating Agency Condition is obligated satisfied with respect to distribute pursuant to Section 5.03such alternate remittance schedule. Pending deposit into the Collection Account, minus (c) any amounts attributable to Principal Prepayments received after Collections may be commingled and used by the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest Servicer at its own risk and are not required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent segregated from its own funds. The Servicer may deduct from Collections all Unrelated Amounts to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for extent such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that Unrelated Amounts have not been subject previously reimbursed to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicerits Affiliates.
Appears in 2 contracts
Sources: Servicing Agreement (Santander Drive Auto Receivables Trust 2026-1), Servicing Agreement (Santander Drive Auto Receivables Trust 2026-1)
Remittances. On each Remittance Date the Servicer shall remit by wire transfer of immediately available funds to the Owner (a) all amounts deposited in the Custodial Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇J▇ ▇▇▇▇▇▇ ▇C▇▇▇▇ Bank New York, New York ABA# ▇0▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇J▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇0▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer.
Appears in 1 contract
Sources: Correspondent Servicing Agreement (Structured Asset Securities Corp)
Remittances. On each Remittance Date the Servicer shall remit by wire transfer of immediately available funds to the Owner (a) all amounts deposited in the Custodial Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ JP Morgan Chase Bank New York, New York ABA▇▇▇# ▇▇2▇-▇▇▇-▇▇▇ -021 Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ JP Morgan Chase Bank New York, New York ABA# ▇▇▇# ▇21-▇▇▇000-▇▇▇ 021 Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer.
Appears in 1 contract
Remittances. On each Remittance Date Payment Date, the Servicer Agent shall remit by wire transfer of immediately available funds cause to be remitted all amounts credited to the Owner (a) all amounts deposited in the Custodial Mortgage Collection Account as of the close of business on the related preceding Determination Date (Date, net of charges against or withdrawals from the Custodial Mortgage Collection Account pursuant to Section SECTION 4.05), plus . One (b1) all amounts, if any, which the Servicer is obligated Business Day prior to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance each Payment Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers deliver to the Master Servicer, one relating to Reconstituted Mortgage Loans Agent a remittance report. The Agent shall confirm the amounts contained in the report and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to authorize the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to remittance of such amounts in the following wire account or order of priority:
(a) to such other account as may be specified by pay the Master Servicer from time fees and expenses of the Custodian;
(b) to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇pay any Servicing Fee then due;
(c) to pay the accrued Back-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master up Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not Fee then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall including any Servicing Transfer Costs payable pursuant to SECTION 9.03 hereof;
(d) to pay to the Owner Lenders the unreimbursed Lender Expenses and Indemnified Liabilities of the Lender-Related Parties;
(e) to pay the interest on any such late payment at an annual rate equal due to the Prime RateLenders;
(f) to pay the principal due to the Lenders to satisfy any Borrowing Base Deficiencies in the order set forth in SECTION 2.06(A) of the Loan Agreement;
(g) to pay the Backup Servicer for any Nonrecoverable Advances made by it; and
(h) to pay the balance to the Borrowers. In the event the Backup Servicer becomes the successor Servicer hereunder, adjusted the Backup Servicer may (i) cause to be remitted all amounts credited to the Mortgage Collection Account as of the date close of each changebusiness on the related preceding Determination Date, plus four percentage points, but in no event greater than net of charges against or withdrawals from the maximum amount permitted by applicable law. Such interest shall be deposited Mortgage Collection Account pursuant to SECTION 4.05 and (ii) authorize the remittance of such amounts in the Custodial Account by the Servicer on the date order of priority set forth above; PROVIDED, HOWEVER, that it shall seek confirmation from Agent for all such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be amounts remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicerpursuant to this SECTION 5.01.
Appears in 1 contract
Sources: Servicing Agreement (American Business Financial Services Inc /De/)
Remittances. On each Remittance Date the Servicer shall remit by wire transfer of immediately available funds to the Owner (a) all amounts deposited in the Custodial Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ JP Morgan Chase Bank New York, New York ABA# ▇▇▇021-▇0▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing ▇▇▇▇▇▇ ▇▇rvicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ JP Morgan Chase Bank New York, New York ABA# ▇▇▇021-▇0▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing ▇▇▇▇▇▇ ▇▇rvicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer.
Appears in 1 contract
Sources: Correspondent Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-34a)
Remittances. On Within ten Business Days after delivery of each Remittance Date the Servicer shall remit by wire transfer of immediately available funds monthly report pursuant to the Owner (a) Report subsection of this Section, Retrocedant and Retrocessionaire shall settle all amounts deposited in then due under this Agreement for that month. LATE PAYMENTS Should any payment due any party to this Agreement be received by such party after the Custodial Account as of the close of business on the Determination Date (net of charges against or withdrawals due date for such payment under this Agreement, interest shall accrue from the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day date on which such payment was duedue until payment is received by the party entitled thereto, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted London Interbank Offered Rate quoted for six month periods as reported in The Wall Street Journal on the first Business Day of the date month in which such payment first becomes due plus one hundred basis points (the "Applicable Rate"). COST REIMBURSEMENT Retrocessionaire shall reimburse for its allocated share of each changeall costs and expenses incurred by Retrocedant in administering the Reinsurance Contracts as set forth in Exhibit F hereto. CURRENCY For purposes of this Agreement, plus four percentage pointswhere Retrocedant receives premiums or pays losses in currencies other than United States dollars, but GBP or Euros, such premiums or losses shall be converted into GBP at the actual rates of exchange at which these premiums or losses are entered in no event greater the Retrocedant's books. MAINTENANCE OF LICENSES Each of Retrocedant and Retrocessionaire hereby covenants to maintain at all times all licences and authorisations required to undertake the actions contemplated hereby. ACCESS TO RECORDS From and after the Effective Date, Retrocedant shall afford to Retrocessionaire and its respective authorized accountants, counsel and other designated representatives (collectively, "REPRESENTATIVES") reasonable access (including using commercially reasonable best efforts to give access to Persons possessing information) during normal business hours to all data and information that is specifically described in writing (collectively, "INFORMATION") within the possession of Retrocedant relating to the liabilities transferred hereunder, insofar as such information is reasonably required by Retrocessionaire. Similarly, from and after the Effective Date, Retrocessionaire shall afford to Retrocedant, any Post-closing Subsidiary of Retrocedant and their respective Representatives reasonable access (including using commercially reasonable best efforts to give access to Persons possessing information) during normal business hours to Information within Retrocessionaire's possession relating to Retrocedant, insofar as such information is reasonably required by Retrocedant. Information may be requested under this Section for, without limitation, audit, accounting, claims, litigation (other than any claims or litigation between the maximum amount permitted by parties hereto) and tax purposes, as well as for purposes of fulfilling disclosure and reporting obligations and for performing this Agreement and the transactions contemplated hereby. From and after the Effective Date, Retrocessionaire and Retrocedant or their designated representatives may inspect, at the place where such records are located, any and all data and information that is specifically described in writing within the possession of the other party hereto reasonably relating to this Agreement, on reasonable prior notice and during normal business hours. The rights of the parties under this Section shall survive termination of this Agreement and shall continue for as long as there may be liabilities under the Reinsurance Contracts or reporting or retention requirements under applicable law. Such interest In addition, each party shall be deposited in have the Custodial Account right to take copies (including electronic copies) of any information held by the Servicer on other party that reasonably relates to this Agreement or the date such late payment is made Reinsurance Contracts. Each party shall, and shall cover the period commencing with the day following such second Business Day cause its designated representatives to, treat and ending with the Business Day on which such payment is made, both inclusivehold as confidential information any information it receives or obtains pursuant to this Section. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer.INDEMNIFICATION
Appears in 1 contract
Sources: Quota Share Retrocession Agreement (Platinum Underwriters Holdings LTD)
Remittances. On each Remittance Date the 1. The Servicer shall remit by wire transfer of immediately available funds make or cause payments to the Owner (a) all amounts deposited in Collection Account or the Custodial Allocation Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(viiSections 3.03 and 5.11 and this Annex 2 of the Servicing Agreement.
2. In the event of any change of account or change of institution affecting the remittances, the Bond Issuer shall provide written notice thereof to the Servicer by the earlier of:
(A) five Business Days from the effective date of such change, or
(B) five Business Days prior to the next applicable Remittance Date. Utility Debt Securitization Authority Restructuring Bonds Servicer: Long Island Lighting Company Pursuant to the Restructuring Property Servicing Agreement, dated as of April 7, 2016 (the “Servicing Agreement”), between the LONG ISLAND LIGHTING COMPANY, as Servicer, and minus the UTILITY DEBT SECURITIZATION AUTHORITY, the undersigned does hereby certify as follows:
1. For period beginning and ended (d) any amounts attributable the “Certificate Period”): Deposits into Allocation Account $ Actual Charge Collections deposited into Allocation Account $ Estimated Charge Collections remitted to Monthly Payments collected but due on a Due Date or Dates subsequent Collection Account $ Excess Remittance deducted during period $ Remittance Shortfall instructed to be transferred to the first day Collection Account $ Excess Remittance instructed to be deducted from future Daily Remittances $ Excess Remittance to be paid or transferred from the Collection Account or the Excess Funds Subaccount $
2. To the best of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitutionundersigned’s knowledge, the Servicer shall submit two (2has fulfilled all of its obligations in all material respects under Section 3.03(a) separate remittance wire transfers of the Servicing Agreement throughout the Certificate Period [, except ]. In WITNESS HEREOF, the undersigned has duly executed and delivered this Monthly Servicer Certificate the day of [Name of Entity] By Name: Title: Pursuant to the Master Restructuring Property Servicing Agreement, dated as of April 7, 2016, (the “Servicing Agreement”), between LONG ISLAND LIGHTING COMPANY, as Servicer, one relating and UTILITY DEBT SECURITIZATION AUTHORITY, the undersigned does hereby certify, for the , 20 Payment Date (the “Current Payment Date”), as follows: Capitalized terms used herein have their respective meanings as set forth in the Servicing Agreement, or if not defined in the Servicing Agreement, as set forth in the Bond Indenture. References herein to Reconstituted Mortgage Loans certain sections and one relating to all Mortgage Loans that subsections are not then subject to a Reconstitution. All remittances required to be made references to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as respective sections of the date of each changeServicing Agreement or the Bond Indenture, plus four percentage points, but in no event greater than as the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicercontext indicates.
Appears in 1 contract
Remittances. On each Servicer Remittance Date the Servicer Date, NYMT Servicing shall remit on a scheduled/scheduled basis by wire transfer of immediately available funds to the Owner Master Servicer (a) all amounts deposited in the Custodial Account as of the close of business on the Determination Date last day of the related Due Period (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.054.02(e)), plus (b) all amountsAdvances, if any, which the Servicer NYMT Servicing is obligated to distribute make pursuant to Section 5.034.03(c), minus (c) any amounts attributable to Principal Prepayments Prepayments, Liquidation Proceeds, Insurance Proceeds, Condemnation Proceeds or REO Disposition Proceeds received after the applicable Principal Prepayment Period Period, which amounts shall be remitted on the following Servicer Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii4.02(d)(ii)(G) and Section 4.04(c), and minus (d) any amounts attributable to Monthly Scheduled Payments collected but due on a Due Date or Due Dates subsequent to the first day of the month of the in which such Servicer Remittance DateDate occurs, which amounts shall be remitted on the NYMT Servicing Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or Date related to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account Scheduled Payment. With respect to any remittance received by the Owner Master Servicer after the second Business Day following the Business Day Servicer Remittance Date on which such payment remittance was due, the Servicer NYMT Servicing shall pay to the Owner Master Servicer interest on any such late payment remittance at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four three percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer NYMT Servicing on the date such late payment remittance is made and shall cover the period commencing with the day following such second Business Day Servicer Remittance Date and ending with the Business Day on which such payment remittance is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Servicer Remittance Date. The payment by the Servicer NYMT Servicing of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by NYMT Servicing. All remittances required to be made to the Servicer.Master Servicer shall be made to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇▇▇▇ Fargo Bank, N.A. ABA#: ▇▇▇-▇▇▇-▇▇▇ Account Name: Corporate Trust Clearing Account Number: ▇▇▇▇▇▇▇▇▇▇ For further credit to: 50907400 - Attention: NYMT 2006-1
Appears in 1 contract
Sources: Pooling and Servicing Agreement (NYMT Securities CORP)
Remittances. On each Remittance Date the Servicer shall remit by wire transfer of immediately available funds to the Owner (a) all amounts deposited in the Custodial Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ JP Morgan Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇-0▇▇ Account Name: Aurora Loan Services Inc. Master ▇▇ster Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ JP Morgan Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ -021 Account Name: Aurora Loan Services Inc. Master ▇▇ster Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer.
Appears in 1 contract
Sources: Correspondent Servicing Agreement (Lehman Sarm 2005-11)
Remittances. On each Remittance Date the Servicer shall remit by wire transfer of immediately available funds to the Owner (a) all Notwithstanding any other provision of this Agreement, for so long as DCFS USA is the Servicer and the Lender, DCFS USA may retain, for its own account, Collections with respect to the Revolving Facility Pool (i) to the extent of amounts deposited (A) to be paid to it, as (1) Servicer in respect of the Revolving Facility Pool Servicing Fee or (2) Lender, for interest, principal or other amounts with respect to the Revolving Facility and (B) for which DCFS USA, as Servicer, is entitled to be reimbursed pursuant to Sections 3.09(c) and (d) and (ii) until such amounts are otherwise required to be applied pursuant to Article Ten of the Collateral Agency Agreement. In addition, in the Custodial event that a Revolving Facility Collection Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account is created pursuant to Section 4.055.02(a), plus (bi) all amounts, if any, which Collections with respect to the Servicer is obligated Revolving Facility Pool need not be deposited therein to distribute the extent that such Collections are permitted to be retained pursuant to this subsection and Section 5.03, minus 2.04(b) of the Basic Collateral Agency Agreement and (cii) any amounts attributable if Collections with respect to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest Revolving Facility Pool are required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitutiontherein, the Servicer shall submit two be permitted to retain such Collections received during or in respect of a Collection Period until the related Payment Date. The Servicer will separately account for all such remittances and payments.
(2b) separate remittance wire transfers The Servicer will deposit Collections with respect to each Reference Pool into the related Collection Account pursuant to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans remittance schedule set forth in the related Servicing Supplement; provided that are not then subject to for so long as the Monthly Remittance Condition is satisfied or if the Servicer has obtained a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was dueLetter of Credit, the Servicer shall pay be permitted to retain Collections with respect to a Reference Pool received during or in respect of a Collection Period until the related Deposit Date. If no such remittance schedule is specified in the Servicing Supplement with respect to any Reference Pool, the Servicer will be permitted to retain Collections with respect to such Reference Pool for its own account until such amounts are required to be applied pursuant to Article Ten of the Collateral Agency Agreement.
(c) The Servicer will remit to the Owner interest on appropriate tax authority all sales and use, monthly rental receipts, personal property and ad valorem taxes collected by it from the Lessees with respect to the Collateral Assets in accordance with the Credit and Collection Policy.
(d) Notwithstanding any such late payment at other provision of this Agreement, except as otherwise provided in an annual rate Exchange Note Supplement or Servicing Supplement, in the case of proceeds from the sale or other disposition of a Vehicle (less related Liquidation Expenses), the Servicer shall deposit into the related Collection Account when due an amount equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater such net proceeds rather than the maximum amount permitted by applicable law. Such interest actual net proceeds from such sale or other disposition, which actual net proceeds shall be deposited in the Custodial into a Qualified Intermediary Account by the Servicer on the date such late payment is made and shall cover not constitute amounts payable in respect of the period commencing with Revolving Facility or the day following such second Business Day and ending with related Reference Pool, as the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicercase may be.
Appears in 1 contract
Sources: Servicing Agreement (Daimler Trust)
Remittances. On each Remittance Date the Servicer shall remit by wire transfer of immediately available funds to the Owner (a) all amounts deposited in the Custodial Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ JP Morgan Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇2▇ Account Name: Aurora Loan Services Inc. Master ▇▇▇▇er Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ JP Morgan Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ 21 Account Name: Aurora Loan Services Inc. Master ▇▇▇▇er Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer.
Appears in 1 contract
Sources: Correspondent Servicing Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2003-6a)
Remittances. On each Remittance Date the 1. The Servicer shall remit by wire transfer of immediately available funds make or cause payments to the Owner (a) all amounts deposited in Collection Account or the Custodial Allocation Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(viiSections 3.03 and 5.11 and this Annex 2 of the Servicing Agreement.
2. In the event of any change of account or change of institution affecting the remittances, the Bond Issuer shall provide written notice thereof to the Servicer by the earlier of:
(A) five Business Days from the effective date of such change, or
(B) five Business Days prior to the next applicable Remittance Date. Utility Debt Securitization Authority Restructuring Bonds Servicer: Long Island Lighting Company Pursuant to the Restructuring Property Servicing Agreement, dated as of December 15, 2023 (the “Servicing Agreement”), between the LONG ISLAND LIGHTING COMPANY, as Servicer, and minus the UTILITY DEBT SECURITIZATION AUTHORITY, the undersigned does hereby certify as follows:
1. For period beginning _ and ended (d) any amounts attributable the “Certificate Period”): Deposits into Allocation Account $ Actual Charge Collections deposited into Allocation Account $ Estimated Charge Collections remitted to Monthly Payments collected but due on a Due Date or Dates subsequent Collection Account $ Excess Remittance deducted during period $ Remittance Shortfall instructed to be transferred to the first day Collection Account $ Collection Account $ Excess Remittance instructed to be deducted from future Daily Remittances $ Excess Remittance to be paid or transferred from the Collection Account or the Excess Funds Subaccount $
2. To the best of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitutionundersigned’s knowledge, the Servicer shall submit two (2has fulfilled all of its obligations in all material respects under Section 3.03(a) separate remittance wire transfers of the Servicing Agreement throughout the Certificate Period [, except ]. In WITNESS HEREOF, the undersigned has duly executed and delivered this Monthly Servicer Certificate the day of [Name of Entity] By: Name: Title: Pursuant to the Master Restructuring Property Servicing Agreement, dated as of December 15, 2023 (the “Servicing Agreement”), between LONG ISLAND LIGHTING COMPANY, as Servicer, one relating and UTILITY DEBT SECURITIZATION AUTHORITY, the undersigned does hereby certify, for the , 20 Payment Date (the “Current Payment Date”), as follows: Capitalized terms used herein have their respective meanings as set forth in the Servicing Agreement, or if not defined in the Servicing Agreement, as set forth in the Bond Indenture. References herein to Reconstituted Mortgage Loans certain sections and one relating to all Mortgage Loans that subsections are not then subject to a Reconstitution. All remittances required to be made references to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as respective sections of the date of each changeServicing Agreement or the Bond Indenture, plus four percentage points, but in no event greater than as the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicercontext indicates.
Appears in 1 contract
Remittances. On each Remittance Date the Servicer shall remit by wire transfer of immediately available funds to the Owner (a) all amounts deposited in the Custodial Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicer.
Appears in 1 contract
Remittances. On each Remittance Date At the Servicer shall option of Lender, Borrowers must either immediately (i) notify all Account Debtors and any other person or party that is liable to any such Borrower (collectively with Account Debtors, a "Debtor") to remit by all payments due such Borrower to the lockbox address or pursuant to the wire transfer of immediately available funds or ACH instructions set forth below (the "Lockbox Account"); or (ii) obtain a deposit account control agreement acceptable to Lender in its Discretion at a bank acceptable to Lender in its Discretion (the "DACA Bank") and direct all Debtors to remit all payments to the Owner approved account at the DACA Bank (a) the "DACA Account"). The remit-to address on all amounts deposited in documents related to the Custodial accounts, including invoices, purchase orders, or contracts must be the Lockbox Account as set forth below or to the DACA Account. At Lender's request, all such documents must be marked by Borrowers to show assignment to Lender, and each Borrower must notify each of its Account Debtors by mail that the close of business Account has been assigned to Lender and that all payments on the Determination Date (net of charges against Account, whether made by mail or withdrawals from the Custodial Account pursuant electronically or otherwise must be made payable to Section 4.05)such Borrower or Lender, plus (b) all amountsat ▇▇▇▇▇▇'s discretion, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a ReconstitutionLockbox Account, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account DACA Account or to such other account as may be specified address provided by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution in writing. The language used in such notices shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified approved by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New Yorkin writing. Lender may at any time and from time to time, New York ABA# and at its discretion, notify any Debtor or third-party payee to make payments payable directly to Lender or to notify Debtor of the assignment to Lender. All of ▇▇▇-▇▇▇-'s expenses for notification of each Account Debtor will be paid by Borrowers. The Lockbox Account includes the following:
(i) If by mail:
(ii) If by ACH or wire transfer: If notwithstanding the notice to Debtors, a Borrower receives any funds from a Debtor, including any cash, checks, drafts or wire transfers from the collection, enforcement, sale or other disposition of the Collateral, whether derived in the ordinary course of business or not, or if a Borrower receives any proceeds of insurance, tax refunds or any and all other funds of any kind, such Borrower shall hold such funds in trust for Lender, shall not mix such funds received with any other funds, and shall immediately deposit such funds in the Lockbox Account in the form received. That means if the funds are received by mail, the Debtor checks will be sent to the Lockbox Account uncashed, and if the funds are received electronically, the funds will be transferred immediately to the Lockbox Account electronically. ▇▇▇▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to will have sole possession and control over the Lockbox Account. Lender or any remittance received by other bank holding the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay lockbox will process all deposits and each Borrower acknowledges and agrees that it has no right to the Owner interest on Lockbox Account and that it belongs to Lender. ▇▇▇▇▇▇ is the owner of all deposits in the Lockbox Account and has no duty as to collection or protection of funds as long as it is not grossly negligent or commits actual fraud. All expenses plus any such late payment at an annual rate equal to the Prime Rate, adjusted as applicable administration and servicing fees of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted Lockbox Account will be paid by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the ServicerBorrowers.
Appears in 1 contract
Sources: Master Credit and Security Agreement (Salona Global Medical Device Corp)
Remittances. On each Remittance Date the 1. The Servicer shall remit by wire transfer of immediately available funds make or cause payments to the Owner (a) all amounts deposited in Collection Account or the Custodial Allocation Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(viiSections 3.03 and 5.11 and this Annex 2 of the Servicing Agreement.
2. In the event of any change of account or change of institution affecting the remittances, the Bond Issuer shall provide written notice thereof to the Servicer by the earlier of:
(A) five Business Days from the effective date of such change, or
(B) five Business Days prior to the next applicable Remittance Date. Utility Debt Securitization Authority Restructuring Bonds Servicer: Long Island Lighting Company Pursuant to the Restructuring Property Servicing Agreement, dated as of November 21, 2017 (the “Servicing Agreement”), between the LONG ISLAND LIGHTING COMPANY, as Servicer, and minus the UTILITY DEBT SECURITIZATION AUTHORITY, the undersigned does hereby certify as follows:
1. For period beginning and ended (d) any amounts attributable the “Certificate Period”): Deposits into Allocation Account $ Actual Charge Collections deposited into Allocation Account $ Estimated Charge Collections remitted to Monthly Payments collected but due on a Due Date or Dates subsequent Collection Account $ Excess Remittance deducted during period $ Remittance Shortfall instructed to be transferred to the first day Collection Account $ Excess Remittance instructed to be deducted from future Daily Remittances $ Excess Remittance to be paid or transferred from the Collection Account or the Excess Funds Subaccount $
2. To the best of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitutionundersigned’s knowledge, the Servicer shall submit two (2has fulfilled all of its obligations in all material respects under Section 3.03(a) separate remittance wire transfers of the Servicing Agreement throughout the Certificate Period [, except ]. In WITNESS HEREOF, the undersigned has duly executed and delivered this Monthly Servicer Certificate the day of [Name of Entity] By Name: Title: Pursuant to the Master Restructuring Property Servicing Agreement, dated as of November 21, 2017, (the “Servicing Agreement”), between LONG ISLAND LIGHTING COMPANY, as Servicer, one relating and UTILITY DEBT SECURITIZATION AUTHORITY, the undersigned does hereby certify, for the , 20 Payment Date (the “Current Payment Date”), as follows: Capitalized terms used herein have their respective meanings as set forth in the Servicing Agreement, or if not defined in the Servicing Agreement, as set forth in the Bond Indenture. References herein to Reconstituted Mortgage Loans certain sections and one relating to all Mortgage Loans that subsections are not then subject to a Reconstitution. All remittances required to be made references to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as respective sections of the date of each changeServicing Agreement or the Bond Indenture, plus four percentage points, but in no event greater than as the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicercontext indicates.
Appears in 1 contract
Remittances. On (a) Ford Credit will be required to remit payments it receives from or on behalf Obligors on the Receivables (including Payaheads but excluding payments on Purchased Receivables and amounts constituting the Supplemental Servicing Fee) to the Collection Account (1) within two Business Days of receipt, or (2) if Ford Credit's short term unsecured debt is rated at least "P-1" by Moody's, "A-1" by S&P and "F1" by Fitch Ratings, on the Business Day ▇▇▇▇▇▇▇ng each Payment Date (or, upon satisfaction of the Rating Agency Condition, each Payment Date) (this clause (2) is referred to as, the "Monthly Remittance Date Condition"); provided, however, if Ford Credit's short term debt rating does not satisfy the Servicer shall levels specified for the Monthly Remittance Condition for one or more of the Rating Agencies, Ford Credit may remit by wire transfer of immediately available funds collections less frequently than daily if it provides to the Owner Trustee and Indenture Trustee written confirmation from each Rating Agency that rates Ford Credit lower than the rating required for the Monthly Remittance Condition that such alternative remittance schedule will not result in a downgrade or withdrawal by such Rating Agency of any of its ratings assigned to the Securities. If Ford Credit is not the Servicer or an Event of Servicing Termination occurs, the Servicer will be required to remit payments it receives from or on behalf of Obligors on the Receivables (including Payaheads but excluding payments on Purchased Receivables and amounts constituting the Supplemental Servicing Fee), to the Collection Account within two Business Days of receipt. Pending deposit into the Collection Account, such payments may be used by the Servicer at its own risk and for its own benefit and are not required to be segregated from its own funds.
(b) Subject to Section 4.3 (a) all amounts deposited ), the Servicer will not be required to segregate or otherwise hold separate any Payaheads but will be required to remit Payaheads to the Collection Account in accordance with Section 4.7(a)(i). At any time that the Custodial Monthly Remittance Condition is not satisfied, the Servicer will deposit into the Payahead Account the amount of any Payaheads then held or received by it (which amount will be at least equal to the Payahead Balance as of the close of business on the Determination Date (net last day of charges against or withdrawals from the Custodial Account pursuant to Section 4.05immediately preceding Collection Period), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus .
(c) any amounts attributable to Principal Prepayments received after The Owner Trustee and the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment in accordance with Section 4.04(vii), and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall Indenture Trustee will not be deemed an extension to have knowledge of time for payment any failure to satisfy the Monthly Remittance Condition or a waiver of any Event of Default by Servicing Termination that would require remittances to the ServicerCollection Account within two Business Days of receipt unless the Owner Trustee or the Indenture Trustee has received notice of such event or circumstance from the Seller or the Servicer in an Officer's Certificate or from the Noteholders of Notes evidencing not less than 25% of the Note Balance of the Notes Outstanding or from the Certificateholders of Certificates evidencing not less than 25% of the Aggregate Certificate Balance or unless a Trustee Officer in the Corporate Trust Office with knowledge thereof and familiarity therewith has actual knowledge of such event or circumstance.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)
Remittances. On each Remittance Date Client instructs Acquiring Bank to transfer to MENTOM all funds that would otherwise be transferred by Acquiring Bank to Client in connection with the Servicer electronic payment processing performed pursuant hereto (hereinafter those funds to be referred to as the “Acquiring Bank – Client Settlement Funds” with the foregoing instruction to be referred to as the “Payment Directive”). Said Payment Directive is absolute, unconditional, and irrevocable. MENTOM shall, in turn, remit the Acquiring Bank – Client Settlement Funds to Client, net of any and all processing and service fees due and owing MENTOM (hereinafter the net amount remitted by MENTOM to Client to be referred to as the “Net Settlement Funds”). MENTOM shall remit the Net Settlement Funds to Client approximately one week in arrears of its receipt of the Acquiring Bank – Client Settlement Funds. MENTOM shall be obligated to remit the Net Settlement Funds to Client only if MENTOM has received from the Acquiring Bank the Acquiring Bank – Client Settlement Funds. Any delay by wire transfer the Acquiring Bank in remitting the Acquiring Bank – Client Settlement Funds to MENTOM, will result in delay by MENTOM remitting the aforesaid Net Settlement Funds to Client. Client hereby appoints MENTOM as its attorney in fact and grants MENTOM full power of immediately available funds attorney to receive the Acquiring Bank – Client Settlement Funds and distribute to Client the Net Settlement Funds (hereinafter the foregoing grant to be referred to as the “Power of Attorney”). Said Power of Attorney is absolute, unconditional, irrevocable, and coupled with an interest. All remittances will be accumulated and shall be Mentom to Client once the aggregate amount of such remittances reaches a minimum amount of $5,000.00 unless otherwise agreed upon in writing between MENTOM and Client. MENTOM, in its sole discretion, may grant Client provisional credit for Transaction amounts, subject to receipt of final payment by MENTOM and subject to all Deductions and other amounts owed to MENTOM and the Acquiring Bankunder this Agreement or the MENTOM Service Agreement. Upon submission of any payment request by MENTOM to Payment Service Provider, MENTOM will provide a statement to Merchant detailing the accounting of the amounts owed and Mentom. Client will promptly examine all statements relating to the Owner Client Account and Reserve Account and immediately notify MENTOM in writing of any errors. Client’s written notice must include: (a) all amounts deposited in the Custodial Client name and Account as of the close of business on the Determination Date (net of charges against or withdrawals from the Custodial Account pursuant to Section 4.05)number, plus (b) all amountsthe dollar amount of the asserted error, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) a description of the asserted error, and an explanation of why Client believes an error exists and the cause of it, if known. Such written notice must be received by MENTOM within 30 days after Client received the periodic statement containing the asserted error. Client may not make any amounts attributable claim against MENTOM and/or Acquiring Bank for any loss or expense relating to Principal Prepayments received after any asserted error for 60 days immediately following receipt of Client’s written notice. During that 60-day period, MENTOM will be entitled to investigate the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with asserted error and Client will not incur any additional interest required to be deposited in the Custodial Account cost or expense in connection with such Principal Prepayment in accordance with Section 4.04(vii)the asserted error without notifying MENTOM. In the event Client changes the Client Account, and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent this authorization will apply to the first day of the month of the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amounts. With respect to any month in which the Servicer is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to the Master Servicer relating to Mortgage Loans that are not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after the second Business Day following the Business Day on which such payment was due, the Servicer shall pay to the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall not be deemed an extension of time for payment or a waiver of any Event of Default by the Servicernew Client Account.
Appears in 1 contract
Sources: Merchant Services Agreement
Remittances. On each Remittance Date the Servicer shall remit by wire transfer of immediately available funds to the Owner (a) all amounts deposited in the Custodial Account as of the close of business Ford Credit will remit Collections it receives on the Determination Date (net Receivables to the Collection Account within two Business Days of charges against or withdrawals from posting such Collections to the Custodial Account pursuant to Section 4.05), plus (b) all amounts, if any, which the Servicer is obligated to distribute pursuant to Section 5.03, minus (c) any amounts attributable to Principal Prepayments received after the applicable Principal Prepayment Period which amounts shall be remitted on the following Remittance Date, together with any additional interest required to be deposited in the Custodial Account in connection with such Principal Prepayment Obligors' accounts in accordance with Section 4.04(vii)Ford Credit's policies and procedures, unless Ford Credit satisfies the minimum rating requirement described below. For this purpose, Collections does not include Recoveries and minus (d) any amounts attributable to Monthly Payments collected but due on a Due Date or Dates subsequent that constitute the Supplemental Servicing Fee. Ford Credit will remit Recoveries to the first day of Collection Account no later than the month of Business Day preceding each Payment Date or, with Rating Agency Confirmation, each Payment Date. Ford Credit will be entitled to retain amounts constituting the Remittance Date, which amounts shall be remitted on the Remittance Date next succeeding the Due Period for such amountsSupplemental Servicing Fee from Collections. With respect to any month in which the Servicer If Ford Credit's short term unsecured debt is servicing both Reconstituted Mortgage Loans and Mortgage Loans that have not been subject to a Reconstitution, the Servicer shall submit two (2) separate remittance wire transfers to the Master Servicer, one relating to Reconstituted Mortgage Loans and one relating to all Mortgage Loans that are not then subject to a Reconstitution. All remittances required to be made to the Master Servicer relating to Reconstituted Mortgage Loans shall be made on a scheduled/scheduled basis to the following wire account or to such other account as may be specified rated at least "P-1" by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ '▇▇▇▇▇ Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing "A-1" by Standard & Poor's and "F1" by Fitch (this rating requirement, the "Monthly Remittance Condition"), Ford Credit may remit Collections on the Business Day preceding each Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Reconstitution Account All remittances required to be made to Date or, with Rating Agency Confirmation, on each Payment Date. At any time that Ford Credit's rating from one or more of the Master Servicer relating to Mortgage Loans that are Rating Agencies does not then subject to a Reconstitution shall be made on a scheduled/scheduled basis to satisfy the following wire account or to such other account as Monthly Remittance Condition, Ford Credit may be specified by the Master Servicer from time to time: ▇▇ ▇▇▇▇▇▇ Chase Bank New York, New York ABA# ▇▇▇-▇▇▇-▇▇▇ Account Name: Aurora Loan Services Inc. Master Servicing Payment Clearing Account Account Number: 066-611059 Beneficiary: Aurora Loan Services Inc. For further credit to: [Servicer Reference Number] Correspondent Whole Loan Account With respect to any remittance received by the Owner after remit Collections less frequently than the second Business Day following after posting of such Collections to the Obligors' accounts, but not later than the related Payment Date, if it obtains Rating Agency Confirmation from that Rating Agency or Rating Agencies. Pending deposit into the Collection Account, amounts collected by the Servicer may be used by the Servicer at its own risk and for its own benefit and will not be segregated from its own funds. Ford Credit will remit Purchase Amounts on the Business Day preceding each Payment Date or, with Rating Agency Confirmation, on which such payment was dueeach Payment Date. If Ford Credit is not the Servicer or an Event of Servicing Termination occurs, the Servicer shall pay will be required to remit Collections within two Business Days of receipt.
(b) The Issuer and the Owner interest on any such late payment at an annual rate equal to the Prime Rate, adjusted as of the date of each change, plus four percentage points, but in no event greater than the maximum amount permitted by applicable law. Such interest shall be deposited in the Custodial Account by the Servicer on the date such late payment is made and shall cover the period commencing with the day following such second Business Day and ending with the Business Day on which such payment is made, both inclusive. Such interest shall be remitted along with the distribution payable on the next succeeding Remittance Date. The payment by the Servicer of any such interest shall Indenture Trustee will not be deemed an extension to have knowledge of time for payment any failure to satisfy the Monthly Remittance Condition or a waiver the occurrence of any Event of Default by Servicing Termination that would require remittances to the ServicerCollection Account within two Business Days of receipt unless the Issuer or the Indenture Trustee has received notice of such event or circumstance from the Seller or the Servicer in an Officer's Certificate or from the Noteholders of Notes evidencing not less than 25% of the Note Balance of the Notes Outstanding or from the Certificateholders of Certificates evidencing not less than 25% of the Aggregate Certificate Balance or unless a Trustee Officer has actual knowledge of such event or circumstance.
Appears in 1 contract
Sources: Sale and Servicing Agreement (Ford Credit Auto Owner Trust 2004-A)