Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b). (b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations: (i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts; (ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance; (iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts; (iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and (v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day. (c) Subject to Section 2.07(b), on the Removal Date with respect to any such Designated Account, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Daimlerchrysler Master Owner Trust), Sale and Servicing Agreement (Daimlerchrysler Master Owner Trust), Sale and Servicing Agreement (Daimlerchrysler Master Owner Trust)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) Date with respect to such Account), the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b)2.8(b) of the Pooling and Servicing Agreement.
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the TrustBuyer, the Trustee, any Agent the Rating Agencies and any Enhancement Providers a Removal Notice specifying the a Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee Buyer a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust Buyer any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Buyer Defaulted Receivables and Collections of Non-Principal Interest Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust Buyer on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Interest Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated Account, the Seller shall cease to allocate any Collections therefrom therefor in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee Buyer shall deliver to the Seller a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Greentree Floorplan Funding Corp), Receivables Purchase Agreement (Greentree Floorplan Funding Corp)
Removal of Ineligible Accounts. (a) On any date on or before the tenth Business Day after the last day of the calendar month in which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller Depositor (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice to the Owner Trustee identifying each such Ineligible Account as a Randomly Selected Account (and each such Ineligible Account shall as of the date of such notice be deemed a Randomly Selected Account) and specifying the Removal Commencement Date for such Ineligible Account (which shall not be later than the date of such notice) and specifying for each such Randomly Selected Account as of the Removal Commencement Date its account number and the Ineligible Removal Balance. The Schedule of Accounts shall be amended to be treated reflect such designation as Designated Accounts;of the Removal Commencement Date.
(iib) determine on From and after the Removal Commencement Date with respect to such Designated Accounts a Randomly Selected Account subject to this Section 2.9, the Designated Balance Depositor shall not transfer Receivables with respect to each such Designated Randomly Selected Account and amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such AccountIssuing Entity and, as of until the Removal Commencement DateBalance has been reduced to zero, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, shall allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of Receivables arising under such Designated Randomly Selected Account all Principal Collections with respect to such Randomly Selected Account; provided, until however, on any Business Day on or after the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) the Depositor shall have the right to remove all of the Receivables related to any such Randomly Selected Accounts, by either transferring cash and/or Receivables to the Trust (to be further allocated pursuant Issuing Entity or reducing the Certificate Interest held by it so that the total amount of transferred cash and/or Receivables and Certificate Interest reduction is equal to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio Removal Balance related to such Randomly Selected Accounts as of the aggregate amount date of Principal removal (provided that after giving effect to such reduction neither the Excess Overconcentration Certificate Amount nor the Excess Nonoverconcentration Certificate Amount would be less than zero). All amounts so allocated to Receivables in all Designated Accounts sold owned by the Issuing Entity or paid to the Trust on such Business Day to Issuing Entity for the total aggregate amount of removed Receivables shall constitute Principal Receivables in all such Designated Accounts on such Business Day Collections and (B) to shall reduce the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on Removal Balance. After the Removal Date with respect to any such Designated Randomly Selected Account, the Seller (a) Collections thereon shall cease to allocate any Collections therefrom be allocated in accordance with Section 2.07(bthe preceding sentence, (b) and such Designated Randomly Selected Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request , (c) all of the ServicerIssuing Entity’s right, title and interest in, to and under the Trust Receivables arising in such Account and the Trustee related Collateral Security shall deliver be deemed to be transferred and released by the Issuing Entity to the Seller a reassignment in substantially Depositor without recourse, representation or warranty, and (d) the form Servicer shall amend the Schedule of Exhibit H (the "Reassignment")Accounts accordingly.
Appears in 2 contracts
Samples: Trust Sale and Servicing Agreement, Trust Sale and Servicing Agreement (Ally Wholesale Enterprises LLC)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible ineligible Account (which date shall be deemed to be the Removal Commencement Date) Date with respect to such Account), the Seller shall commence removal of the Receivables of such Ineligible ineligible Account in the manner prescribed in Section 2.08(b2.07(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the TrustBuyer, the Trustee, any Agent Trustee and any Enhancement Providers a Removal Notice specifying the a Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee Buyer a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust Buyer any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Buyer Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust Buyer on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated Account, the Seller shall cease to allocate any Collections therefrom therefor in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee Buyer shall deliver to the Seller a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC), Pooling and Servicing Agreement (Carco Auto Loan Master Trust)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;:
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated Account, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Carco Auto Loan Master Trust), Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) Date with respect to such Account), the applicable Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b2.7(b).
(b) With respect to each Account that becomes an Ineligible Account, the applicable Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the TrustBuyer, the Trustee, any Agent Trustee and any Enhancement Providers a Removal Notice specifying the a Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee Buyer a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust Buyer any and all Receivables arising in such Designated Accounts;
(iv) if such Account was an Ineligible Account at the time it was originally designated as an Account, from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) if such Account was an Ineligible Account at the time it was originally designated as an Account, on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms Buyer Defaulted Receivables and Collections of this Agreement), Defaulted Non-Principal Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust Buyer on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the such Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated Account, the such Seller shall cease to allocate any Collections therefrom therefor in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee Buyer shall deliver to the such Seller a reassignment Reassignment; provided, however, that notwithstanding any other provision of this Agreement, unless such Account was an Ineligible Account at the time it was originally designated as an Account, the Reassignment shall reassign only the Account and shall not reassign any Receivable existing in substantially such Account as of the form of Exhibit H (the "Reassignment")related Removal Date.
Appears in 2 contracts
Samples: Receivables Contribution and Sale Agreement (Distribution Financial Services Floorplan Master Trust), Receivables Contribution and Sale Agreement (CDF Funding, Inc.)
Removal of Ineligible Accounts. (a) On any or before the fifth Business Day after the date on which an Account becomes an Ineligible Account (which date Business Day shall be deemed to be the Removal Commencement Date) the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b).
(b) With Date with respect to each such Account) such Account that becomes an Ineligible shall be deemed a Randomly Selected Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on . Within five Business Days after the Removal Commencement Date with respect to such Designated Accounts any Account that became a Randomly Selected Account pursuant to this Section 2.9, the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering Depositor shall furnish a Removal Notice to the Trust Owner Trustee stating that the Removal Commencement Date for such Ineligible Account has occurred and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, Randomly Selected Account as of the Removal Commencement Date its account number and the Removal Balance. The Schedule of Accounts shall be amended to reflect such designation as of the Removal Commencement Date, its account number.
(b) From and after the Removal Commencement Date with respect to a Randomly Selected Account subject to this Section 2.9, the aggregate amount of Depositor shall not transfer Receivables outstanding in with respect to such Randomly Selected Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) from and after such and, until the Removal Commencement DateBalance has been reduced to zero, shall allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of Receivables arising under such Designated Randomly Selected Account all Principal Collections with respect to such Randomly Selected Account; provided, however, on any Business Day on or after the Removal Commencement Date, the Depositor shall have the right to transfer to the Trust, in exchange for the Receivables related to any such Randomly Selected Account, until cash and/or Excess Available Receivables with an aggregate principal amount equal to the Removal Date with respect thereto; and
(v) on each Business Day from and after Balance related to such Removal Commencement Date Randomly Selected Accounts as of the date of removal. All amounts so allocated to and until Receivables owned by the related Removal Date, allocate (A) Trust or paid to the Trust (to be further allocated pursuant to for the terms of this Agreement), Defaulted removed Receivables shall constitute Trust Principal Collections and Collections of Non-Principal Receivables in respect of each Designated Account, based on shall reduce the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on Removal Balance. After the Removal Date with respect to any such Designated Randomly Selected Account, the Seller (a) Collections thereon shall cease to allocate any Collections therefrom be allocated in accordance with Section 2.07(bthe preceding sentence, (b) and such Designated Randomly Selected Account shall be deemed removed from a Removed Account, (c) all of the Trust’s right, title and interest in, to and under the Receivables arising in such Account and the related Collateral Security shall be deemed to be transferred and released by the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller a reassignment in substantially Depositor without recourse, representation or warranty, and (d) the form Servicer shall amend the Schedule of Exhibit H (the "Reassignment")Accounts accordingly.
Appears in 2 contracts
Samples: Trust Sale and Servicing Agreement (Wholesale Auto Receivables Corp), Trust Sale and Servicing Agreement (Superior Wholesale Inventory Financing Trust 2007-Ae-1)
Removal of Ineligible Accounts. (a) On any The date on which the Seller or the Servicer becomes aware that an Account becomes is an Ineligible Account (which date shall be deemed to be the "Removal Commencement Date) the Seller shall commence removal of the Receivables of " with respect to such Ineligible Account in the manner prescribed in Section 2.08(b)Account.
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) promptly following the related Removal Commencement Date, furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as removed and the related Removal Date, which shall be a date occurring on or before the next Determination Date (the "Designated Accounts");
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with aggregate balance of Principal Receivables in respect to of each such Designated Account (the "Designated Balance") and amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Designated Accounts specifying for each such Designated Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Designated Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) if such Account was an Ineligible Account at the time it was originally designated as an Account, from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Commencement Date with respect thereto; and
(v) if such Account was an Ineligible Account at the time it was originally designated as an Account, on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to owned by the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Commencement Date with respect to any such Designated Ineligible Account, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed a Removed Account and shall be deemed removed from the Trust for all purposes (a "Removed Account")purposes. After the Removal Commencement Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller a reassignment Reassignment.
(d) Notwithstanding any other provision of this Agreement, unless an Account was an Ineligible Account at the time it was originally designated as an Account, the Reassignment shall remove only such Account and shall not reassign any Receivable existing in substantially the form of Exhibit H (the "Reassignment")such Account.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (CDF Funding, Inc.), Pooling and Servicing Agreement (Distribution Financial Services Floorplan Master Trust)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) Date with respect to such Account), the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b2.7(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the TrustBuyer, the Trustee, any Agent Trustee and any Enhancement Providers a Removal Notice specifying the a Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee Buyer a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust Buyer any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Accountaccount, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Buyer Defaulted Receivables and Collections of Non-Principal Interest Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust Buyer on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Interest Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated Account, the Seller shall cease to allocate any Collections therefrom therefor in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee Buyer shall deliver to the Seller a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 2 contracts
Samples: Receivables Purchase Agreement (Green Tree Financial Corp), Receivables Purchase Agreement (Green Tree Financial Corp)
Removal of Ineligible Accounts. (a) On any or prior to the tenth Business Day following the date on which an Account becomes an Ineligible Account (which date shall be deemed to be the "Removal Commencement Date) "), the Seller Transferor shall commence removal of the Receivables Receivable of such Ineligible Account in the manner prescribed in Section 2.08(b2.8(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller Transferor (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as removed (the "Designated Accounts");
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with aggregate balance of Principal Receivables in respect to of each such Designated Account (the "Designated Balance") and amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Interest Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to owned by the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the SellerTransferor, the remainder of the Defaulted Receivables and Collections of Non-Principal Interest Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated AccountAccount to be removed, the Seller Transferor shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller Transferor a reassignment in substantially the form of Exhibit H (the "Reassignment").. 2-17
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Greentree Floorplan Funding Corp), Pooling and Servicing Agreement (Greentree Floorplan Funding Corp)
Removal of Ineligible Accounts. (a) On any or prior to the tenth Business Day following the date on which an Account becomes an Ineligible Account (which date shall be deemed to be the "Removal Commencement Date) "), the Seller Transferor shall commence removal of the Receivables Receivable of such Ineligible Account in the manner prescribed in Section 2.08(b2.8(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller Transferor (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as removed (the "Designated Accounts");
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with aggregate balance of Principal Receivables in respect to of each such Designated Account (the "Designated Balance") and amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections Collection of Non-Principal Interest Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to owned by the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the SellerTransferor, the remainder of the Defaulted Receivables and Collections of Non-Principal Interest Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated AccountAccount to be removed, the Seller Transferor shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller Transferor a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)
Removal of Ineligible Accounts. (a) On or prior to ------------------------------ the fifth Business Day following any date on which an Account becomes an Ineligible Account (which date shall be deemed to be such fifth Business Day, the "Removal Commencement Date) "), ------------------------- the Seller Depositor shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in subsection (b) of this Section 2.08(b)2.08.
(b) With respect to each Account that becomes an Ineligible Account, the Seller Depositor (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the TrustTrustee, the Trustee, any Agent Rating Agencies and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accountsremoved;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Ineligible Accounts and allocate all Collections with respect to such Receivables as provided in subsection (c) of this Section 2.08;
(iii) within five (5) Business Days after the Removal Commencement Date, amend Schedule 1 hereto by delivering to the Trustee a computer file or microfiche or written list containing a true and complete list of the Ineligible Accounts to be removed, specifying for each such Account, as of the date immediately preceding the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the aggregate outstanding principal balance therein (the "Designated AccountsBalance");
(iv) from and after such the Removal Commencement DateDate with respect to any Ineligible Account to be removed, allocate Principal Collections of Principal Receivables in respect of each Designated Account, such Ineligible Account first to the oldest outstanding principal balance of such Designated Ineligible Account, until the Removal Date with respect thereto; and
Designated Balance in such Ineligible Account is reduced to zero (v) the date on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on the Removal Date with respect to which any such Designated AccountBalance is so reduced to zero, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed AccountRemoval Termination Date"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller a reassignment in substantially the form of Exhibit H (the "Reassignment").; ------------------------ and
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Receivables Master Trust I)
Removal of Ineligible Accounts. (a) On any or prior to the ------------------------------ tenth Business Day following the date on which an Account becomes an Ineligible Account (which date shall be deemed to be the "Removal Commencement Date) "), the ------------------------- Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b2.8(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as removed (the "Designated Accounts;"); -------------------
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with aggregate balance of Principal Receivables in respect to of each such Designated Account (the "Designated ---------- Balance") and amend Schedule 1 by delivering to the Trust and the Trustee a computer ------- file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) if such Account was an Ineligible Account at the time it was originally designated as an Account, from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) if such Account was an Ineligible Account at the time it was originally designated as an Account, on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections Collection of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to owned by the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated AccountAccount to be removed, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller a reassignment Reassignment; provided, however, that, notwithstanding -------- ------- any other provision of this Agreement, unless such Account was an Ineligible Account at the time it was originally designated as an Account, the Reassignment shall remove only the Account and shall not reassign any Receivable existing in substantially such Account as of the form of Exhibit H (the "Reassignment")related Removal Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;:
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest 42 outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on the Removal Date with respect to any such Designated Account, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)
Removal of Ineligible Accounts. (a) On any or before the fifth Business Day after the date on which an Account becomes an Ineligible Account (which date Business Day shall be deemed to be the Removal Commencement Date) the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b).
(b) With Date with respect to each such Account) such Account that becomes an Ineligible shall be deemed a Randomly Selected Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on . Within five Business Days after the Removal Commencement Date with respect to such Designated Accounts any Ineligible Account that became a Randomly Selected Account pursuant to this Section 2.9, the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering Depositor shall furnish a Removal Notice to the Trust Owner Trustee stating that the Removal Commencement Date for such Ineligible Account has occurred and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, Account as of the Removal Commencement Date its account number and the Removal Balance. The Schedule of Accounts shall be amended to reflect such designation as of the Removal Commencement Date, its account number.
(b) From and after the Removal Commencement Date with respect to a Randomly Selected Account subject to this Section 2.9, the aggregate amount of Depositor shall not transfer Receivables outstanding in with respect to such Randomly Selected Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) from and after such Issuing Entity and, until the Removal Commencement DateBalance has been reduced to zero, shall allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of Receivables arising under such Designated Randomly Selected Account all Principal Collections with respect to such Randomly Selected Account; provided, until however, on any Business Day on or after the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) the Depositor shall have the right to remove all of the Receivables related to the Trust (to be further allocated pursuant Randomly Selected Accounts, by either transferring cash to the terms Issuing Entity or reducing the Certificate Interest held against it so that the total amount of this Agreement), Defaulted Receivables transferred cash and Collections of Non-Principal Receivables in respect of each Designated Account, based on Certificate Interest reduction is equal to the ratio Removal Balance related to such Randomly Selected Accounts as of the aggregate amount date of Principal removal (provided that after giving effect to such reduction neither the Excess Overconcentration Certificate Amount nor the Excess Nonoverconcentration Certificate Amount would be less than zero). All amounts so allocated to Receivables in all Designated Accounts sold owned by the Issuing Entity or paid to the Trust on such Business Day to Issuing Entity for the total aggregate amount of removed Receivables shall constitute Principal Receivables in all such Designated Accounts on such Business Day Collections and (B) to shall reduce the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on Removal Balance. After the Removal Date with respect to any such Designated Randomly Selected Account, the Seller (a) Collections thereon shall cease to allocate any Collections therefrom be allocated in accordance with Section 2.07(bthe preceding sentence, (b) and such Designated Randomly Selected Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request , (c) all of the ServicerIssuing Entity's right, title and interest in, to and under the Trust Receivables arising in such Account and the Trustee related Collateral Security shall deliver be deemed to be transferred and released by the Issuing Entity to the Seller a reassignment in substantially Depositor without recourse, representation or warranty, and (d) the form Servicer shall amend the Schedule of Exhibit H (the "Reassignment")Accounts accordingly.
Appears in 1 contract
Samples: Trust Sale and Servicing Agreement (Wholesale Auto Receivables LLC)
Removal of Ineligible Accounts. (a) On any or prior to the tenth Business Day following the date on which an Account becomes an Ineligible Account (which date shall be deemed to be the "Removal Commencement Date) "), the Seller Transferor shall commence removal of the Receivables Receivable of such Ineligible Account in the manner prescribed in Section 2.08(b2.8(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller Transferor (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as removed (the "Designated Accounts");
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with aggregate balance of Principal Receivables in respect to of each such Designated Account (the "Designated Balance") and amend 2-16 Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Interest Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to owned by the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the SellerTransferor, the remainder of the Defaulted Receivables and Collections of Non-Principal Interest Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated AccountAccount to be removed, the Seller Transferor shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller Transferor a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Green Tree Financial Corp)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) Date with respect to such Account), the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b2.07(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the TrustBuyer, the Trustee, any Agent Trustee and any Enhancement Providers a Removal Notice specifying the a Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee Buyer a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust Buyer any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Buyer Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust Buyer on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated Account, the Seller shall cease to allocate any Collections therefrom therefor in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee Buyer shall deliver to the Seller a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;:
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on the Removal Date with respect to any such Designated Account, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)
Removal of Ineligible Accounts. (a) On or prior to ------------------------------ the fifth Business Day following any date on which an Account becomes an Ineligible Account (which date shall be deemed to be such fifth Business Day, the "Removal Commencement Date) "), ------------------------- the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in subsection (b) of this Section 2.08(b)2.07.
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the TrustPurchaser, the Trustee, the Rating Agencies, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accountsremoved;
(ii) determine on the from and after such Removal Commencement Date Date, cease to transfer to the Purchaser any and all Receivables arising in such Ineligible Accounts and allocate all Collections with respect to such Designated Accounts Receivables as provided in subsection (c) of this Section 2.07; and
(iii) within five (5) Business Days after the Designated Balance with respect to each such Designated Account and Removal Commencement Date, amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed related Ineligible Accounts to be removed, specifying for each such Account, as of the date immediately preceding the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest aggregate outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; andtherein.
(vc) Subject to subsection (b) of this Section 2.07, on each Business Day from and after such the Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on the Removal Termination Date with respect to any such Designated Ineligible Account, the Seller shall cease proceed to allocate any Collections therefrom therefor in accordance with Section 2.07(b2.08(b)(v) of the Pooling and Servicing Agreement, until the principal balances of the Receivables included in the Trust with respect to any such Designated Account have been reduced to zero (such date being deemed a Removal Date), upon which such Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Termination Date and upon the written request of the Servicer, the Trust and the Trustee Purchaser shall deliver to the Seller a reassignment Reassignment in substantially the form of Exhibit H (the "Reassignment")D-2 hereto.
Appears in 1 contract
Samples: Receivables Purchase Agreement (Bombardier Receivables Master Trust I)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) Date with respect to such Account), the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b2.7(b).. Contribution and Sale Agreement
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the TrustBuyer, the Trustee, any Agent Trustee and any Enhancement Providers a Removal Notice specifying the a Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee Buyer a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust Buyer any and all Receivables arising in such Designated Accounts;
(iv) if such Account was an Ineligible Account at the time it was originally designated as an Account, from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) if such Account was an Ineligible Account at the time it was originally designated as an Account, on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms Buyer Defaulted Receivables and Collections of this Agreement), Defaulted Non-Principal Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust Buyer on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated Account, the Seller shall cease to allocate any Collections therefrom therefor in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee Buyer shall deliver to the Seller a reassignment Reassignment; provided, however, that notwithstanding any other provision of this Agreement, unless such Account was an Ineligible Account at the time it was originally designated as an Account, the Reassignment shall reassign only the Account and shall not reassign any Receivable existing in substantially such Account as of the form of Exhibit H (the "Reassignment")related Removal Date.
Appears in 1 contract
Samples: Receivables Contribution and Sale Agreement (CDF Funding, Inc.)
Removal of Ineligible Accounts. (a) On any or prior to the tenth Business Day following the date on which an Account becomes an Ineligible Account (which date shall be deemed to be the "Removal Commencement Date) "), the Seller shall commence removal of the Receivables Receivable of such Ineligible Account in the manner prescribed in Section 2.08(b2.8(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as removed (the "Designated Accounts");
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with aggregate balance of Principal Receivables in respect to of each such Designated Account (the "Designated Balance") and amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections Collection of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to owned by the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated AccountAccount to be removed, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) Date with respect to such Account), the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b2.7(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the TrustBuyer, the Trustee, any Agent Trustee and any Enhancement Providers a Removal Notice specifying the a Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee Buyer a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust Buyer any and all Receivables arising in such Designated Accounts;
(iv) if such Account was an Ineligible Account at the time it was originally designated as an Account, from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) if such Account was an Ineligible Account at the time it was originally designated as an Account, on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms Buyer Defaulted Receivables and Collections of this Agreement), Defaulted Non-Principal Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust Buyer on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated Account, the Seller shall cease to allocate any Collections therefrom therefor in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee Buyer shall deliver to the Seller a reassignment Reassignment; provided, however, that notwithstanding any other provision of this Agreement, unless such Account was an Ineligible Account at the time it was originally designated as an Account, the Reassignment shall reassign only the Account and shall not reassign any Receivable existing in substantially such Account as of the form of Exhibit H (the "Reassignment")related Removal Date.
Appears in 1 contract
Samples: Receivables Contribution and Sale Agreement (Distribution Financial Services Floorplan Master Trust)
Removal of Ineligible Accounts. (a) On the fifth Business Day after any date on which an Account becomes an Ineligible Account (which date such fifth Business Day shall be deemed to be the Removal Commencement Date) the Seller Transferor shall commence removal of the Receivables Receivable of such Ineligible Account in the manner prescribed for the removal of Eligible Accounts in Section 2.08(b2.7(b); provided, however, if an Account becomes an Ineligible Account other than as a result of the failure to satisfy (i) clause (b) of the definition of Eligible Account as a result of a failure to satisfy clause (b) of the definition of Eligible Dealer or (ii) clause (d) of the definition of Eligible Account, the Transferor shall have the right to remove Ineligible Accounts from the Trust and (i) repurchase the then existing Receivables in such Accounts in the manner prescribed in Section 2.8(b) or (ii) reassign the existing Receivables in such Accounts in the manner prescribed in Section 2.8(c).
(b) With respect to each Account that becomes an To remove Ineligible AccountAccounts and repurchase the then existing Receivables in such Accounts, the Seller Transferor (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) not less than five Business Days prior to the Removal and Repurchase Date (the "Removal and Repurchase Notice Date"), furnish to the TrustOwner Trustee, the Indenture Trustee, any Agent and Agent, any Enhancement Providers and the Rating Agencies a Removal Notice specifying the Removal Commencement Date Designated Accounts which are to be removed, and the Ineligible then existing Receivables in such Designated Accounts (the "Designated Receivables") which are to be treated as repurchased from the Trust and the date on which the removal of such Designated AccountsAccounts and the repurchase of such Designated Receivables will occur (a "Removal and Repurchase Date");
(ii) determine on the Removal Commencement and Repurchase Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and Accounts, amend Schedule 1 by delivering to the Trust and the Owner Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement and Repurchase Notice Date, its account number, number and the aggregate amount of Receivables outstanding in such Account and the Designated BalanceAccount;
(iii) from on the Removal and after such Removal Commencement Date, cease to transfer Repurchase Date deposit into the Collection Account funds in an amount equal to the Trust aggregate outstanding balance of the Designated Receivables on such date (the "Repurchased Receivables Purchase Price"), which funds, notwithstanding anything in this Agreement to the contrary, will be treated as Collections;
(iv) represent and warrant that the removal of any such Ineligible Account and all the repurchase of the Receivables arising then existing in such Account on any Removal and Repurchase Date shall not in the reasonable belief of the Transferor, cause an Early Amortization Event or Investment Event to occur for any Series or class of Notes or cause the Pool Balance to be less than the Required Pool Balance;
(v) represent and warrant that no selection procedures believed by the Transferor to be adverse to the interests of the Beneficiaries were utilized in selecting the Designated Accounts;
(ivvi) from represent and after such warrant as of the Removal Commencement and Repurchase Date that the list of Removed Accounts delivered pursuant to clause (ii) above, as of the Removal and Repurchase Date, allocate Collections is true and complete in all material respects;
(vii) represent and warrant that such removal and repurchase will not result in a reduction or withdrawal of Principal Receivables in respect the rating of each Designated Account, first to any outstanding Series or class of Notes by the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect theretoapplicable Rating Agency; and
(vviii) on each Business Day from and after such Removal Commencement Date to and until or about the related Removal and Repurchase Date, allocate (A) deliver to the Trust Indenture Trustee, any Agent and any Enhancement Providers an Officers' Certificate confirming the items set forth in clauses (iv) through (vii) above and confirming that the Transferor reasonably believes that the removal of the Removed Accounts and the repurchase of the Repurchased Receivables will not result in the occurrence of an Early Amortization Event or Investment Event; the Owner Trustee and the Indenture Trustee may conclusively rely on such Officers' Certificate and shall have no duty to be further allocated pursuant make inquiries with regard to the terms of this Agreement), Defaulted Receivables matters set forth therein and Collections of Non-Principal Receivables shall incur no liability in respect of each Designated Account, based on the ratio so relying. Upon satisfaction of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b)above conditions, on the Removal and Repurchase Date with respect to for any such Designated AccountAccount and Designated Receivables, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) and such Designated Account shall be deemed removed removed, and such Designated Receivables ("Repurchased Receivables") shall be deemed repurchased, from the Trust for all purposes (a "Removed Account"). After and the Owner Trustee shall, without further action, be deemed to sell, transfer, assign, set over and otherwise convey to the Transferor, effective as of the Removal Date and upon Repurchase Date, without recourse, representation or warranty, all the written request right, title and interest of the ServicerTrust in and to the Repurchased Receivables, all moneys due and to become due and all amounts received with respect thereto and all proceeds thereof. Within five Business Days after the Removal and Repurchase Date, the Trust and the Owner Trustee shall deliver to the Seller Transferor a Reassignment, together with appropriate UCC financing statements.
(c) To remove Ineligible Accounts and reassign the then existing Receivables in such Accounts ("Automatic Removed Accounts"), the Transferor (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) on or before the fifth Business Day immediately preceding the Automatic Removal Date furnish to the Owner Trustee, the Indenture Trustee, any Agent, any Enhancement Providers and the Rating Agencies a Removal Notice specifying the Automatic Removed Accounts which are to be removed and the then existing Receivables in such Accounts which are to be reassigned from the Trust to the Transferor and the date on which such removal of Automatic Removed Accounts and reassignment in substantially the form of Exhibit H such Receivables is to occur (the "ReassignmentAutomatic Removal Date");
(ii) on or prior to the date that is five Business Days after the Automatic Removal Date, the Transferor shall deliver a computer file or microfiche or written list containing a true and complete list of the Automatic Removed Accounts specifying for each such Account, as of the Removal and Reassignment Date, its account number and the aggregate amount of Receivables outstanding in such Account;
(iii) represent and warrant that the list of Automatic Removal Accounts delivered pursuant to clause (ii), as of the Automatic Removal Date, is true and complete in all material respects; and
(iv) if any of the Accounts to be removed is not liquidated and does not have a zero balance (A) the Rating Agency Condition shall have been satisfied with respect to such removal and (B) deliver to the Owner Trustee, the Indenture Trustee, any Agent and any Enhancement Providers an Officers' Certificate, dated the Automatic Removal Date, confirming that such removal will not cause an Early Amortization Event or Investment Event to occur for any Series or class of Notes.
Appears in 1 contract
Removal of Ineligible Accounts. (a) On any date on which an ------------------------------ Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) Date with respect to such Account), the applicable Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b2.7(b).
(b) With respect to each Account that becomes an Ineligible Account, the applicable Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the TrustBuyer, the Trustee, any Agent Trustee and any Enhancement Providers a Removal Notice specifying the a Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee Buyer a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust Buyer any and all Receivables arising in such Designated Accounts;
(iv) if such Account was an Ineligible Account at the time it was originally designated as an Account, from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) if such Account was an Ineligible Account at the time it was originally designated as an Account, on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms Buyer Defaulted Receivables and Collections of this Agreement), Defaulted Non-Principal Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust Buyer on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the such Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated Account, the such Seller shall cease to allocate any Collections therefrom therefor in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee Buyer shall deliver to the such Seller a reassignment Reassignment; provided, however, that notwithstanding any other -------- ------- provision of this Agreement, unless such Account was an Ineligible Account at the time it was originally designated as an Account, the Reassignment shall reassign only the Account and shall not reassign any Receivable existing in substantially such Account as of the form of Exhibit H (the "Reassignment")related Removal Date.
Appears in 1 contract
Samples: Receivables Contribution and Sale Agreement (Deutsche Floorplan Receivables L P)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) the Seller shall commence removal of the Receivables Account Assets of such Ineligible Account in the manner prescribed in Section 2.08(b); provided, however, that if an Account ceases to be a wholesale financing account of the Seller, the Designated Balance of the Account is zero and the Account is not otherwise an Ineligible Account, such Account shall only become an Ineligible Account on the date it is included by the Seller in a Removal Notice under Section 2.08(b)(i).
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) promptly furnish to the Trust, the TrusteeCustodian, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts Accounts, the Designated Balance with respect to each such Designated Account and deliver as of such Removal Commencement Date a list of the Designated Accounts and the related Designated Balance for each to the Custodian and amend Schedule 1 on the Removal Date by delivering to the Trust and the Trustee Custodian a computer file or file, microfiche or written list containing a true and complete list of the Removed Accounts specifying the account number for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;; and
(iii) from and after such Removal Commencement Date, cease to transfer Transfer to the Trust Custodian any and all Receivables Account Assets arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject All Account Assets arising in such Designated Accounts prior to Section 2.07(b), on the Removal Commencement Date shall continue to be Purchased Property from and after the Removal Commencement Date. On or after the Removal Date with respect relating to any such Designated AccountAccounts, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust Custodian shall execute and the Trustee shall deliver to the Seller a reassignment in substantially the form of Exhibit H (the "Reassignment")Reassignment with respect to such Designated Accounts and such Designated Accounts shall be deemed Removed Accounts.
Appears in 1 contract
Samples: Master Custodial and Servicing Agreement (Chrysler Financial Corp)
Removal of Ineligible Accounts. (a) On or prior to the fifth Business Day following any date on which an Account becomes an Ineligible Account (which date shall be deemed to be such fifth Business Day, the "Removal Commencement Date) "), the Seller Depositor shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in subsection (b) of this Section 2.08(b)2.08.
(b) With respect to each Account that becomes an Ineligible Account, the Seller Depositor (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the TrustTrustee, the Trustee, any Agent Rating Agencies and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accountsremoved;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Ineligible Accounts and allocate all Collections with respect to such Receivables as provided in subsection (c) of this Section 2.08;
(iii) within five (5) Business Days after the Removal Commencement Date, amend Schedule 1 hereto by delivering to the Trustee a computer file or microfiche or written list containing a true and complete list of the Ineligible Accounts to be removed, specifying for each such Account, as of the date immediately preceding the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the aggregate outstanding principal balance therein (the "Designated AccountsBalance");
(iv) from and after such the Removal Commencement DateDate with respect to any Ineligible Account to be removed, allocate Principal Collections of Principal Receivables in respect of each Designated Account, such Ineligible Account first to the oldest outstanding principal balance of such Designated Ineligible Account, until the Designated Balance in such Ineligible Account is reduced to zero (the date on which any such Designated Balance is so reduced to zero, the "Removal Date with respect theretoTermination Date"); and
(v) on each Business Day from and after such the Removal Commencement Date 'SS' 2.08 with respect to and any Ineligible Account to be removed, until the related Removal Termination Date, allocate Non-Principal Collections in respect of such Ineligible Account (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated AccountTrust, based on the ratio of (1) the aggregate amount of Principal Receivables in all Designated Accounts such Ineligible Account on such Business Day that were previously sold to the Trust on such Business Day to (2) the total aggregate amount of Principal Receivables in all such Designated Accounts Ineligible Account on such Business Day and (B) to the SellerDepositor, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables Collections in all respect of such Designated Accounts Ineligible Account on such Business Day.
(c) Subject to subsection (b) of this Section 2.07(b)2.08, on the Removal Termination Date with respect to any such Designated Ineligible Account, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account")purposes. After the Removal Termination Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller Depositor a reassignment Reassignment in substantially the form of Exhibit H H-2 hereto.
(d) On the "Reassignment")Removal Termination Date with respect to any Ineligible Account, the Depositor shall cease to allocate any collections therefrom in accordance herewith and such Account shall be deemed a Removed Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bombardier Receivables Master Trust I)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on the Removal Date with respect to any such Designated Account, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee shall deliver to the Seller a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC)
Removal of Ineligible Accounts. (a) On the fifth Business Day after any date on which an Account becomes an Ineligible Account (which date such fifth Business Day shall be deemed to be the Removal Commencement Date) the Seller Transferor shall commence removal of the Receivables Receivable of such Ineligible Account in the manner prescribed for the removal of Eligible Accounts in Section 2.08(b2.7(b); provided, however, if an Account becomes an Ineligible Account other than as a result of the failure to satisfy (i) clause (b) of the definition of Eligible Account as a result of a failure to satisfy clause (b) of the definition of Eligible Dealer or (ii) clause (d) of the definition of Eligible Account, the Transferor shall have the right to remove Ineligible Accounts from the Trust and (i) repurchase the then existing Receivables in such Accounts in the manner prescribed in Section 2.8(b) or (ii) reassign the existing Receivables in such Accounts in the manner prescribed in Section 2.8(c).
(b) With respect to each Account that becomes an To remove Ineligible AccountAccounts and repurchase the then existing Receivables in such Accounts, the Seller Transferor (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) not less than five Business Days prior to the Removal and Repurchase Date (the "Removal and Repurchase Notice Date"), furnish to the TrustOwner Trustee, the Indenture Trustee, any Agent and Agent, any Enhancement Providers and the Rating Agencies a Removal Notice specifying the Removal Commencement Date Designated Accounts which are to be removed, and the Ineligible then existing Receivables in such Designated Accounts (the "Designated Receivables") which are to be treated as repurchased from the Trust and the Determination Date (which may be the Determination Date on which such notice is given) on which the removal of such Designated AccountsAccounts and the repurchase of such Designated Receivables will occur (a "Removal and Repurchase Date");
(ii) determine on the Removal Commencement and Repurchase Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and Accounts, amend Schedule 1 by delivering to the Trust and the Owner Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement and Repurchase Notice Date, its account number, number and the aggregate amount of Receivables outstanding in such Account and the Designated BalanceAccount;
(iii) from on the Removal and after such Removal Commencement Date, cease to transfer Repurchase Date deposit into the Collection Account funds in an amount equal to the Trust aggregate outstanding balance of the Designated Receivables on such date (the "Repurchased Receivables Purchase Price"), which funds, notwithstanding anything in this Agreement to the contrary, will be treated as Collections;
(iv) represent and warrant that the removal of any such Ineligible Account and all the repurchase of the Receivables arising then existing in such Account on any Removal and Repurchase Date shall not in the reasonable belief of the Transferor, cause an Early Amortization Event or Investment Event to occur for any Series or class of Notes or cause the Pool Balance to be less than the Required Pool Balance;
(v) represent and warrant that no selection procedures believed by the Transferor to be adverse to the interests of the Beneficiaries were utilized in selecting the Designated Accounts;
(ivvi) from represent and after such warrant as of the Removal Commencement and Repurchase Date that the list of Removed Accounts delivered pursuant to clause (ii) above, as of the Removal and Repurchase Date, allocate Collections is true and complete in all material respects;
(vii) represent and warrant that such removal and repurchase will not result in a reduction or withdrawal of Principal Receivables in respect the rating of each Designated Account, first to any outstanding Series or class of Notes by the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect theretoapplicable Rating Agency; and
(vviii) on each Business Day from and after such Removal Commencement Date to and until or about the related Removal and Repurchase Date, allocate (A) deliver to the Trust Owner Trustee, the Indenture Trustee, any Agent and any Enhancement Providers an Officers' Certificate confirming the items set forth in clauses (iv) through (vii) above and confirming that the Transferor reasonably believes that the removal of the Removed Accounts and the repurchase of the Repurchased Receivables will not result in the occurrence of an Early Amortization Event or Investment Event; the Owner Trustee and the Indenture Trustee may conclusively rely on such Officers' Certificate and shall have no duty to be further allocated pursuant make inquiries with regard to the terms of this Agreement), Defaulted Receivables matters set forth therein and Collections of Non-Principal Receivables shall incur no liability in respect of each Designated Account, based on the ratio so relying. Upon satisfaction of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b)above conditions, on the Removal and Repurchase Date with respect to for any such Designated AccountAccount and Designated Receivables, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) and such Designated Account shall be deemed removed removed, and such Designated Receivables ("Repurchased Receivables") shall be deemed repurchased, from the Trust for all purposes (a "Removed Account"). After and the Owner Trustee shall, without further action, be deemed to sell, transfer, assign, set over and otherwise convey to the Transferor, effective as of the Removal Date and upon Repurchase Date, without recourse, representation or warranty, all the written request right, title and interest of the ServicerTrust in and to the Repurchased Receivables, all moneys due and to become due and all amounts received with respect thereto and all proceeds thereof. Within five Business Days after the Removal and Repurchase Date, the Trust and the Owner Trustee shall deliver to the Seller Transferor a Reassignment, together with appropriate UCC financing statements.
(c) To remove Ineligible Accounts and reassign the then existing Receivables in such Accounts ("Automatic Removed Accounts"), the Transferor (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) on or before the fifth Business Day immediately preceding the Automatic Removal Date furnish to the Owner Trustee, the Indenture Trustee, any Agent, any Enhancement Providers and the Rating Agencies a Removal Notice specifying the Automatic Removed Accounts which are to be removed and the then existing Receivables in such Accounts which are to be reassigned from the Trust to the Transferor and the date on which such removal of Automatic Removed Accounts and reassignment in substantially the form of Exhibit H such Receivables is to occur (the "ReassignmentAutomatic Removal Date");
(ii) on or prior to the date that is five Business Days after the Automatic Removal Date, the Transferor shall deliver a computer file or microfiche or written list containing a true and complete list of the Automatic Removed Accounts specifying for each such Account, as of the Removal and Reassignment Date, its account number and the aggregate amount of Receivables outstanding in such Account;
(iii) represent and warrant that the list of Automatic Removal Accounts delivered pursuant to clause (ii), as of the Automatic Removal Date, is true and complete in all material respects; and
(iv) if any of the Accounts to be removed is not liquidated and does not have a zero balance (A) the Rating Agency Condition shall have been satisfied with respect to such removal and (B) deliver to the Owner Trustee, the Indenture Trustee, any Agent and any Enhancement Providers an Officers' Certificate, dated the Automatic Removal Date, confirming that such removal will not cause an Early Amortization Event or Investment Event to occur for any Series or class of Notes.
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Removal of Ineligible Accounts. (a) On If at any date on which an Account becomes time an Ineligible Account (which date shall be deemed a Randomly Selected Account as described in Section 2.9 of the Trust Sale and Servicing Agreement, the Purchaser shall give notice thereof to be the Removal Commencement Date) the Seller shall commence removal of at the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b).
(b) With respect to each Account that becomes an Ineligible Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish time it gives notice to the Trust, the Trustee, any Agent parties identified in such Section 2.9. From and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on after the Removal Commencement Date with respect to a deemed Randomly Selected Account pursuant to such Designated Accounts Section 2.9, the Designated Balance Seller shall not transfer Receivables with respect to each such Designated deemed Randomly Selected Account and amend Schedule 1 by delivering to the Trust Purchaser. In addition, in the event any Account shall be designated as a Randomly Selected Account pursuant to this Section 2.05, the Purchaser may, at its option, offer to the Seller the right to purchase the Receivables with regard to some or all of the Randomly Selected Accounts without recourse, representation or warranty. In the event the Seller shall accept such offer, the Seller shall pay for such Receivables by transferring to the Purchaser, in exchange for the Receivables to be assigned, cash and/or Eligible Receivables (including as an offset to the Purchase Price) equal to the Removal Balance related to such Randomly Selected Accounts as of the date of removal. On the date of such assignment, all of the Purchaser’s right, title and interest in, to and under the Receivables to be removed and the Trustee a computer file or microfiche or written list containing a true related Collateral Security shall be deemed to be transferred and complete list released by the Purchaser to the Seller. The Schedule of the Removed Accounts specifying for each shall be amended to reflect such Account, designation as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in Date and to reflect such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections becoming a Removed Account as of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Account, until the Removal Date with respect thereto; and
(v) on each Business Day from and Date. At any time after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms of this Agreement), Defaulted Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on the Removal Date with respect to any such Designated Account, the Seller shall cease to allocate any Collections therefrom in accordance with Section 2.07(b) and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon at the written request of the ServicerSeller, the Trust and the Trustee Purchaser shall deliver assign to the Seller a reassignment Seller, without recourse, representation or warranty, effective as of the Removal Date, all of the Purchaser’s right, title and interest in, to and under the Receivables in substantially the form of Exhibit H (the "Reassignment")such Account and related Collateral Security, as applicable.
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Samples: Pooling and Servicing Agreement (Ally Wholesale Enterprises LLC)
Removal of Ineligible Accounts. (a) On any date on which an Account becomes an Ineligible Account (which date shall be deemed to be the Removal Commencement Date) Date with respect to such Account), the applicable Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b2.7(b).
(b) With respect to each Account that becomes an Ineligible Account, the applicable Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the TrustBuyer, the Trustee, any Agent Trustee and any Enhancement Providers a Removal Notice specifying the a Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on the Removal Commencement Date with respect to such Designated Accounts the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering to the Trust and the Trustee Buyer a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, as of the Removal Commencement Date, its account number, the aggregate amount of Receivables outstanding in such Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust Buyer any and all Receivables arising in such Designated Accounts;
(iv) from and after such Removal Commencement Date, allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of such Designated Accountaccount, until the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) to the Trust (to be further allocated pursuant to the terms Buyer Defaulted Receivables and Collections of this Agreement), Defaulted Non-Principal Receivables and Collections of Non-Principal Receivables in respect of each Designated Account, based on the ratio of the aggregate amount of Principal Receivables in all Designated Accounts sold to the Trust Buyer on such Business Day to the total aggregate amount of Principal Receivables in all such Designated Accounts on such Business Day and (B) to the such Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on On the Removal Date with respect to any such Designated Account, the such Seller shall cease to allocate any Collections therefrom therefor in accordance with Section 2.07(b) herewith and such Designated Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request of the Servicer, the Trust and the Trustee Buyer shall deliver to the such Seller a reassignment in substantially the form of Exhibit H (the "Reassignment").
Appears in 1 contract
Samples: Receivables Contribution and Sale Agreement (Deutsche Floorplan Receivables L P)
Removal of Ineligible Accounts. (a) On any or before the fifth Business Day after the date on which an Account becomes an Ineligible Account (which date Business Day shall be deemed to be the Removal Commencement Date) the Seller shall commence removal of the Receivables of such Ineligible Account in the manner prescribed in Section 2.08(b).
(b) With Date with respect to each such Account) such Account that becomes an Ineligible shall be deemed a Selected Account, the Seller (or the Servicer on its behalf) shall take the following actions and make the following determinations:
(i) furnish to the Trust, the Trustee, any Agent and any Enhancement Providers a Removal Notice specifying the Removal Commencement Date and the Ineligible Accounts to be treated as Designated Accounts;
(ii) determine on . Within five Business Days after the Removal Commencement Date with respect to such Designated Accounts any Ineligible Account that became a Selected Account pursuant to this Section 2.9, the Designated Balance with respect to each such Designated Account and amend Schedule 1 by delivering Depositor shall furnish a Removal Notice to the Trust Owner Trustee stating that the Removal Commencement Date for such Ineligible Account has occurred and the Trustee a computer file or microfiche or written list containing a true and complete list of the Removed Accounts specifying for each such Account, Account as of the Removal Commencement Date its account number and the Removal Balance. The Schedule of Accounts shall be amended to reflect such designation as of the Removal Commencement Date, its account number.
(b) From and after the Removal Commencement Date with respect to a Selected Account subject to this Section 2.9, the aggregate amount of Depositor shall not transfer Receivables outstanding in with respect to such Selected Account and the Designated Balance;
(iii) from and after such Removal Commencement Date, cease to transfer to the Trust any and all Receivables arising in such Designated Accounts;
(iv) from and after such Issuing Entity and, until the Removal Commencement DateBalance has been reduced to zero, shall allocate Collections of Principal Receivables in respect of each Designated Account, first to the oldest outstanding principal balance of Receivables arising under such Designated Selected Account all Principal Collections with respect to such Selected Account; provided, until however, on any Business Day on or after the Removal Date with respect thereto; and
(v) on each Business Day from and after such Removal Commencement Date to and until the related Removal Date, allocate (A) the Depositor shall have the right to remove all of the Receivables related to the Trust (to be further allocated pursuant Selected Accounts, by either transferring cash to the terms Issuing Entity or reducing the Certificate Interest held against it so that the total amount of this Agreement), Defaulted Receivables transferred cash and Collections of Non-Principal Receivables in respect of each Designated Account, based on Certificate Interest reduction is equal to the ratio Removal Balance related to such Selected Accounts as of the aggregate amount date of Principal removal (provided that after giving effect to such reduction neither the Excess Overconcentration Certificate Amount nor the Excess Nonoverconcentration Certificate Amount would be less than zero). All amounts so allocated to Receivables in all Designated Accounts sold owned by the Issuing Entity or paid to the Trust on such Business Day to Issuing Entity for the total aggregate amount of removed Receivables shall constitute Principal Receivables in all such Designated Accounts on such Business Day Collections and (B) to shall reduce the Seller, the remainder of the Defaulted Receivables and Collections of Non-Principal Receivables in all such Designated Accounts on such Business Day.
(c) Subject to Section 2.07(b), on Removal Balance. After the Removal Date with respect to any such Designated Selected Account, the Seller (a) Collections thereon shall cease to allocate any Collections therefrom be allocated in accordance with Section 2.07(bthe preceding sentence, (b) and such Designated Selected Account shall be deemed removed from the Trust for all purposes (a "Removed Account"). After the Removal Date and upon the written request , (c) all of the ServicerIssuing Entity's right, title and interest in, to and under the Trust Receivables arising in such Account and the Trustee related Collateral Security shall deliver be deemed to be transferred and released by the Issuing Entity to the Seller a reassignment in substantially Depositor without recourse, representation or warranty, and (d) the form Servicer shall amend the Schedule of Exhibit H (the "Reassignment")Accounts accordingly.
Appears in 1 contract
Samples: Trust Sale and Servicing Agreement (SWIFT Master Auto Receivables Trust)