Reports to the Agent; Account Statements; Servicing Information. (a) The Borrower will deliver to the Agent, (i) on the Early Amortization Commencement Date, a report identifying the Pledged Receivables (and any information with respect thereto requested by the Agent) on the day immediately preceding the Early Amortization Commencement Date, and (ii) upon the Agent’s reasonable request and upon reasonable notice, on any other Business Day, a report identifying the Pledged Receivables (and any information with respect thereto, reasonably requested by the Agent) as of such day. (b) At least four (4) Business Days prior to each Remittance Date, the Borrower shall prepare and deliver, or have delivered to the Agent for the Lender, (i) a Monthly Remittance Report and any other information reasonably requested by the Agent, relating to all Pledged Receivables (including, if requested, a Computer Tape or Listing), all information in the Monthly Remittance Report and all other such information to be accurate as of the last day of the immediately preceding Remittance Period, and (ii) in an electronic format mutually acceptable to the Borrower and the Agent, all information reasonably requested by the Agent relating to all Pledged Receivables. If any Monthly Remittance Report indicates the existence of a Borrowing Base Deficiency, the Borrower shall, on the date of delivery of such Monthly Remittance Report, prepay to the Agent, for the account of the Lender, a portion of the Loans as is necessary to cure such Borrowing Base Deficiency (or otherwise cure such Borrowing Base Deficiency). (c) By no later than 1:00 P.M. (New York City time) on the second Business Day immediately preceding a Borrowing, the Borrower shall also prepare and deliver to the Agent for the Lender a Borrowing Base Certificate containing information accurate as of the date of delivery of such Borrowing Base Certificate (it being understood that any Borrowing secured by New PrePrime Receivables after the Amendment No. 2 Closing Date, shall require the delivery of a Borrowing Base Certificate in a revised form reasonably acceptable to the Agent that reflects any necessary revisions from the form attached to the Existing RLSA, associated with the inclusion of such New PrePrime Receivables). If any Borrowing Base Certificate indicates the existence of a Borrowing Base Deficiency, the Borrower shall on the date of delivery of such Borrowing Base Certificate prepay to the Agent, for the account of the Lender, a portion of the Loans as is necessary to cure such Borrowing Base Deficiency (or otherwise cure such Borrowing Base Deficiency). (d) On the Business Day immediately preceding the last day of each Fixed Period, the Borrower shall prepare and deliver, or have delivered to the Agent for the Lender, a Commercial Paper Remittance Report containing information accurate as of the date of delivery of such Commercial Paper Remittance Report. (e) At least four (4) Business Days prior to each Remittance Date (each such day, a “Backup Servicer Delivery Date”), the Borrower shall prepare and deliver, or have delivered, to the Backup Servicer (i) a Monthly Remittance Report in respect of the immediately-preceding Remittance Period and (ii) a computer tape or a diskette or any other electronic transmission in a format acceptable to the Backup Servicer containing the information with respect to the Pledged Receivables during such Remittance Period which was necessary for preparation of such Monthly Remittance Report. (f) The Borrower shall deliver to the Agent all reports it receives pursuant to the Transfer and Contribution Agreement within one Business Day of the receipt thereof. (g) If and to the extent requested by the Agent, the Borrower shall promptly deliver to the Agent a copy of any written report, statement, notice or other written information delivered to the Borrower by the Servicer or Collection Servicer, as applicable, pursuant to the applicable Servicing Agreement or Collection Servicing Agreement.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Mru Holdings Inc)
Reports to the Agent; Account Statements; Servicing Information. (a) The Borrower will deliver to the Agent, (i) on the Early Amortization Commencement Date, a report identifying the Pledged Receivables (and any information with respect thereto requested by the Agent) on the day immediately preceding the Early Amortization Commencement Date, and (ii) upon the Agent’s reasonable request and upon reasonable notice, on any other Business Day, a report identifying the Pledged Receivables (and any information with respect thereto, reasonably requested by the Agent) as of such day.
(b) At least four (4) Business Days prior to each Remittance Date, the Borrower shall prepare and deliver, or have delivered to the Agent for the Lender, (i) a Monthly Remittance Report and any other information reasonably requested by the Agent, relating to all Pledged Receivables (including, if requested, a Computer Tape or Listing), all information in the Monthly Remittance Report and all other such information to be accurate as of the last day of the immediately preceding Remittance Period, and (ii) in an electronic format mutually acceptable to the Borrower and the Agent, all information reasonably requested by the Agent relating to all Pledged Receivables. If any Monthly Remittance Report indicates the existence of a Borrowing Base Deficiency, the Borrower shall, on the date of delivery of such Monthly Remittance Report, prepay to the Agent, for the account of the Lender, a portion of the Loans as is necessary to cure such Borrowing Base Deficiency (or otherwise cure such Borrowing Base Deficiency).
(c) By no later than 1:00 P.M. (New York City time) on the second Business Day immediately preceding a Borrowing, the Borrower shall also prepare and deliver to the Agent for the Lender a Borrowing Base Certificate containing information accurate as of the date of delivery of such Borrowing Base Certificate (it being understood that any Borrowing secured by New PrePrime Prime Receivables after the Amendment No. 2 Closing Date, shall require the delivery of a Borrowing Base Certificate in a revised form reasonably acceptable to the Agent that reflects any necessary revisions from the form attached to the Existing RLSA, associated with the inclusion of such New PrePrime Prime Receivables). If any Borrowing Base Certificate indicates the existence of a Borrowing Base Deficiency, the Borrower shall on the date of delivery of such Borrowing Base Certificate prepay to the Agent, for the account of the Lender, a portion of the Loans as is necessary to cure such Borrowing Base Deficiency (or otherwise cure such Borrowing Base Deficiency).
(d) On the Business Day immediately preceding the last day of each Fixed Period, the Borrower shall prepare and deliver, or have delivered to the Agent for the Lender, a Commercial Paper Remittance Report containing information accurate as of the date of delivery of such Commercial Paper Remittance Report.
(e) At least four (4) Business Days prior to each Remittance Date (each such day, a “Backup Servicer Delivery Date”), the Borrower shall prepare and deliver, or have delivered, to the Backup Servicer (i) a Monthly Remittance Report in respect of the immediately-preceding Remittance Period and (ii) a computer tape or a diskette or any other electronic transmission in a format acceptable to the Backup Servicer containing the information with respect to the Pledged Receivables during such Remittance Period which was necessary for preparation of such Monthly Remittance Report.
(f) The Borrower shall deliver to the Agent all reports it receives pursuant to the Transfer and Contribution Agreement within one Business Day of the receipt thereof.
(g) If and to the extent requested by the Agent, the Borrower shall promptly deliver to the Agent a copy of any written report, statement, notice or other written information delivered to the Borrower by the Servicer or Collection Servicer, as applicable, pursuant to the applicable Servicing Agreement or Collection Servicing Agreement.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Mru Holdings Inc)
Reports to the Agent; Account Statements; Servicing Information. (a) The Borrower will deliver to the Agent, Agent (i) on the Early Amortization Commencement Date, a report identifying the Pledged Receivables (and any information with respect thereto requested by the Agent) on the day immediately preceding the Early Amortization Commencement Date, Date and (ii) upon the Agent’s 's reasonable request and upon reasonable notice, on any other Business Day, a report identifying the Pledged Receivables (and any information with respect thereto, thereto reasonably requested by the Agent) as of on such day.
(b) At least four (4) On the fifth day of each calendar month or, if such day is not a Business Days prior to each Remittance DateDay, the Borrower immediately preceding Business Day, the Servicer shall prepare and deliver, deliver or have delivered to the Agent for the Lender, (i) a Monthly Remittance Report and any other information reasonably requested by the Agent, Agent relating to all Pledged Receivables (including, including if requested, a Computer Tape or Listing), all information in the Monthly Remittance Report (including, without limitation, the calculation of Weighted Average APR, the Chargeback Rate and the Delinquency Rate) and all other such information to be accurate as of the last day of the immediately preceding Remittance Period, Period and (ii) in an electronic format mutually acceptable to the Borrower Servicer and the Agent, all information reasonably requested by the Agent relating to all Pledged Receivables. If any Monthly Remittance Report indicates the existence of a Borrowing Base Deficiency, the Borrower shall, shall on the date of delivery of such Monthly Remittance Report, Report prepay to the Agent, for the account of the Lender, a portion of the Loans as is necessary to cure such Borrowing Base Deficiency (or otherwise cure such Borrowing Base Deficiency).
(c) By no later than 1:00 P.M. (New York City time) on the second Business Day immediately preceding a Borrowing, the Borrower Servicer shall also prepare and deliver to the Agent for the Lender a Borrowing Base Certificate containing information accurate as of the date of delivery of such Borrowing Base Certificate (it being understood that any Borrowing secured by New PrePrime Receivables after the Amendment No. 2 Closing Date, shall require the delivery of a Borrowing Base Certificate in a revised form reasonably acceptable to the Agent that reflects any necessary revisions from the form attached to the Existing RLSA, associated with the inclusion of such New PrePrime Receivables)Certificate. If any Borrowing Base Certificate indicates the existence of a Borrowing Base Deficiency, the Borrower shall on the date of delivery of such Borrowing Base Certificate prepay to the Agent, for the account of the Lender, a portion of the Loans as is necessary to cure such Borrowing Base Deficiency (or otherwise cure such Borrowing Base Deficiency).
(d) On the Business Day immediately preceding the last day of each Fixed Period, the Borrower Servicer shall prepare and deliver, deliver or have delivered to the Agent for the Lender, a Commercial Paper Remittance Report containing information accurate as of the date of delivery of such Commercial Paper Remittance Report.
(e) At least four (4) On the fifth day of each calendar month or, if such day is not a Business Days prior to each Remittance Date Day, the immediately preceding Business Day (each such day, a “"Backup Servicer Delivery Date”"), the Borrower Servicer shall prepare and deliver, deliver or have delivered, delivered to the Backup Servicer Servicer, (i) a Monthly Remittance Report in respect of the immediately-preceding Remittance Period and (ii) a computer tape or a diskette or any other electronic transmission in a format acceptable to the Backup Servicer containing the information with respect to the Pledged Receivables during such Remittance Period which was necessary for preparation of such Monthly Remittance Report.
(f) The Borrower shall deliver to the Agent all reports it receives pursuant to the Transfer and Contribution Agreement Borrower Receivables Purchase Agreements within one five (5) Business Day of the receipt thereof.
(g) If and to the extent requested by the Agent, the Borrower shall promptly deliver to the Agent a copy of any written report, statement, notice or other written information delivered to the Borrower by the Servicer or Collection Servicer, as applicable, pursuant to the applicable Servicing Agreement or Collection Servicing Agreement.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Equivest Finance Inc)
Reports to the Agent; Account Statements; Servicing Information. (a) The Borrower will deliver to the Agent, (i) on the Early Amortization Commencement Date, a report identifying the Pledged Receivables (and any information with respect thereto requested by the Agent) on the day immediately preceding the Early Amortization Commencement Date, and (ii) upon the Agent’s 's reasonable request and upon reasonable notice, on any other Business Day, a report identifying the Pledged Receivables (and any information with respect thereto, reasonably requested by the Agent) as of such day.
(b) At least four five (45) Business Days prior to each Remittance Date, the Borrower Servicer shall prepare and deliver, or have delivered to the Agent for the Lender, (i) a Monthly Remittance Report and any other information reasonably requested by the Agent, relating to all Pledged Receivables (including, if requested, a Computer Tape or Listing), all information in the Monthly Remittance Report and all other such information to be accurate as of the last day of the immediately preceding Remittance Period, and (ii) in an electronic format mutually acceptable to the Borrower Servicer and the Agent, all information reasonably requested by the Agent relating to all Pledged Receivables. If any Monthly Remittance Report indicates the existence of a Borrowing Base Deficiency, the Borrower shall, on the date of delivery of such Monthly Remittance Report, prepay to the Agent, for the account of the Lender, a portion of the Loans or Pledge additional Eligible Receivables, in either case, as is necessary to cure such Borrowing Base Deficiency (or otherwise cure such Borrowing Base Deficiency).
(c) By no later than 1:00 P.M. (New York City time) on the second Business Day immediately preceding a Borrowing, the Borrower shall also prepare and deliver to the Agent for the Lender a Borrowing Base Certificate signed by the chief financial officer of the Borrower containing information accurate as of the date of delivery of such Borrowing Base Certificate (it being understood that any Borrowing secured by New PrePrime Receivables after the Amendment No. 2 Closing Date, shall require the delivery of a Borrowing Base Certificate in a revised form reasonably acceptable to the Agent that reflects any necessary revisions from the form attached to the Existing RLSA, associated with the inclusion of such New PrePrime Receivables)Certificate. If any Borrowing Base Certificate indicates the existence of a Borrowing Base Deficiency, the Borrower shall on the date of delivery of such Borrowing Base Certificate prepay to the Agent, for the account of the Lender, a portion of the Loans or Pledge additional Eligible Receivables, in either case, as is necessary to cure such Borrowing Base Deficiency (or otherwise cure such Borrowing Base Deficiency).
(d) On the Business Day immediately preceding the last day of each Fixed Period, the Borrower Servicer shall prepare and deliver, or have delivered to the Agent for the Lender, a Commercial Paper Remittance Report containing information accurate as of the date of delivery of such Commercial Paper Remittance Report.
(e) At least four five (45) Business Days prior to each Remittance Date (each such day, a “Backup "Back-Up Servicer Delivery Date”"), the Borrower Servicer shall prepare and deliver, or have delivered, to the Backup Back-Up Servicer (i) a Monthly Remittance Report in respect of the immediately-preceding Remittance Period and (ii) a computer tape or a diskette or any other electronic transmission in a format acceptable to the Backup Back-Up Servicer containing the information with respect to the Pledged Receivables during such Remittance Period which was necessary for preparation of such Monthly Remittance ReportReport or is reasonably requested by the Back-Up Servicer.
(f) The Borrower shall deliver to the Agent all reports it receives pursuant to the Transfer Purchase and Contribution Agreement within one Business Day of the receipt thereof.
(g) If and to the extent requested by the Agent, the Borrower shall promptly deliver to the Agent a copy of any written report, statement, notice or other written information delivered to the Borrower by the Servicer or Collection Servicer, as applicable, pursuant to the applicable Servicing Agreement or Collection Servicing Agreement.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Us Home Systems Inc /Tx)
Reports to the Agent; Account Statements; Servicing Information. (a) The Borrower will deliver to the Agent, (i) on the Early Amortization Commencement Program Termination Date, a report identifying the Pledged Receivables (and any information with respect thereto requested by the Agent) on the day immediately preceding the Early Amortization Commencement Program Termination Date, and (ii) upon the Agent’s reasonable request and upon reasonable notice, on any other Business Day, a report identifying the Pledged Receivables (and any information with respect thereto, reasonably requested by the Agent) as of such day.
(b) At least four (4) Business Days prior to each Remittance Date, the Borrower Servicer shall prepare and deliver, or have delivered to the Agent for the Lender, (i) a Monthly Remittance Report and any other information reasonably requested by the Agent, relating to all Pledged Receivables (including, if requested, a Computer Tape or Listing), all information in the Monthly Remittance Report and all other such information to be accurate as of the last day of the immediately preceding Remittance Collection Period, and (ii) in an electronic format mutually acceptable to the Borrower Servicer and the Agent, all information reasonably requested by the Agent relating to all Pledged Receivables. If any Monthly Remittance Report indicates the existence of a Borrowing Base Deficiency, the Borrower shall, on the date of delivery of such Monthly Remittance Report, prepay to the Agent, for the account of the Lender, a portion of the Loans as is necessary to cure such Borrowing Base Deficiency (or otherwise cure such Borrowing Base Deficiency).
(c) By no later than 1:00 P.M. 12:00 noon (New York City time) on the second third Business Day immediately preceding a Borrowing, the Borrower shall also prepare and deliver to the Agent for the Lender a Borrowing Base Certificate containing information accurate as of the date of delivery of such Borrowing Base Certificate (it being understood that any Borrowing secured by New PrePrime Receivables after the Amendment No. 2 Closing Date, shall require the delivery of a Borrowing Base Certificate in a revised form reasonably acceptable to the Agent that reflects any necessary revisions from the form attached to the Existing RLSA, associated with the inclusion of such New PrePrime Receivables)Certificate. If any Borrowing Base Certificate indicates the existence of a Borrowing Base Deficiency, the Borrower shall on the date of delivery of such Borrowing Base Certificate prepay to the Agent, for the account of the Lender, a portion of the Loans as is or Pledge additional Eligible Receivables, in either case, to the extent necessary to cure such Borrowing Base Deficiency (or otherwise cure such Borrowing Base Deficiency).
(d) On the Business Day immediately preceding the last day of each Fixed Period, the Borrower shall prepare and deliver, or have delivered to the Agent for the Lender, a Commercial Paper Remittance Report containing information accurate as of the date of delivery of such Commercial Paper Remittance Report[Intentionally omitted.]
(e) At least four (4) Business Days prior to each Remittance Date (each such day, a “Backup Servicer Delivery Date”), the Borrower Servicer shall prepare and deliver, or have delivered, to the Backup Servicer (i) a Monthly Remittance Report in respect of the immediately-preceding Remittance Collection Period and (ii) a computer tape or a diskette or any other electronic transmission in a format acceptable to the Backup Servicer containing the information with respect to the Pledged Receivables during such Remittance Collection Period which was necessary for preparation of such Monthly Remittance ReportReport or is reasonably requested by the Backup Servicer.
(f) The Borrower shall deliver to the Agent all reports it receives pursuant to the Transfer Purchase and Contribution Agreement within one Business Day of the receipt thereof.
(g) If and to the extent requested by the Agent, the Borrower shall promptly deliver to the Agent a copy of any written report, statement, notice or other written information delivered to the Borrower by the Servicer or Collection Servicer, as applicable, pursuant to the applicable Servicing Agreement or Collection Servicing Agreement.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (LEAF Equipment Finance Fund 4, L.P.)