Security Deposit Account. (a) On or before the date hereof, the Borrower shall enter into a Security Deposit Account Agreement and open and maintain a segregated trust account (the “Security Deposit Account”) at the Lender’s Bank, for the receipt of amounts representing any Security Deposits with respect to any Pool A Contract by the related Obligor. The Servicer shall promptly deposit into the Security Deposit Account, all Security Deposits related to Pledged Pool A Receivables which are in the possession of, or come into the possession of, the Servicer or the Originator. Monies received in the Security Deposit Account shall be invested in Permitted Investments at the written direction of the Servicer or the Lender (as determined in accordance with the Security Deposit Account Agreement) during the term of this Agreement, and any income or other gain realized from such investment shall be held in the Security Deposit Account, subject to disbursement and withdrawal as herein provided. No such Permitted Investment shall mature later than the Business Day preceding the next following Remittance Date and shall not be sold or disposed of prior to its maturity. Monies shall be subject to withdrawal in accordance with Section 2.05(d) hereof. (b) The Servicer shall provide to the Borrower monthly written confirmation of investments of funds held in the Security Deposit Account, describing the Permitted Investments in which such amounts have been invested. Any funds not so invested shall be insured by the Federal Deposit Insurance Corporation. (c) If any amounts invested as provided in Section 2.05(a) hereof shall be subject to disbursement from the Security Deposit Account as set forth in Section 2.05(d) hereof, the Servicer shall cause such investments of such Security Deposit Account to be sold or otherwise converted to cash to the credit of such Security Deposit Account. The Servicer shall not be liable for any investment loss resulting from investment of money in the Security Deposit Account in any Permitted Investment in accordance with the terms hereof (other than in its capacity as obligor under any Permitted Investment and other than to the extent such loss results from the gross negligence or wilful misconduct of the Servicer). (d) Disbursements from the Security Deposit Account shall be made, to the extent funds therefore are available, only as follows (and with the prior written consent of the Collateral Agent in the case of clause (i) below; provided, however, that if the Lender’s Bank receives the Servicer’s direction in accordance with clause (i) below but does not receive such written consent of the Collateral Agent prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date, subject to the provisions of the Discrepancy Procedure, the Lender’s Bank shall disburse such funds in accordance with the information calculated by the Servicer on the related Monthly Remittance Report): (i) for deposit in the Collection Account in accordance with the direction of the Servicer prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date to the extent that the Servicer, in accordance with the terms of a Pool A Contract, has determined that amounts in respect of a Security Deposit shall be applied as full or partial Recoveries or, in its discretion, as a full or partial Scheduled Payment under such Pool A Contract; (ii) the Security Deposit with respect to a Pledged Pool A Receivable shall be paid to or upon the order of the Servicer at any time that the Pool A Contract with respect to which such Security Deposit has been made is no longer a Pledged Pool A Receivable, whether through maturity of such Pool A Contract or repurchase by the Servicer, for further disposition by the Servicer in accordance with the terms of the related Pool A Contract or applicable law; and (iii) any amounts remaining in the Security Deposit Account upon the Collection Date shall be distributed to or at the direction of the Servicer for further disposition in accordance with the terms of the related Contract or applicable law.
Appears in 3 contracts
Samples: Receivables Loan and Security Agreement (LEAF Equipment Finance Fund 4, L.P.), Receivables Loan and Security Agreement (LEAF Equipment Finance Fund 4, L.P.), Receivables Loan and Security Agreement (LEAF Equipment Finance Fund 4, L.P.)
Security Deposit Account. (a) On or before the date hereof, the Borrower shall enter into a Security Deposit Account Agreement and open and maintain a segregated trust account (the “Security Deposit Account”) at the Lender’s Bank, for the receipt of amounts representing any Security Deposits with respect to any Pool A Contract by the related Obligor. The Servicer shall promptly deposit into the Security Deposit Account, all Security Deposits related to Pledged Pool A Receivables which are in the possession of, or come into the possession of, the Servicer or the Originator. Monies received in the Security Deposit Account shall be invested in Permitted Investments at the written direction of the Servicer or the Lender (as determined in accordance with the Security Deposit Account Agreement) during the term of this Agreement, and any income or other gain realized from such investment shall be held in the Security Deposit Account, subject to disbursement and withdrawal as herein provided. No such Permitted Investment shall mature later than the Business Day preceding the next following Remittance Date and shall not be sold or disposed of prior to its maturity. Monies shall be subject to withdrawal in accordance with Section 2.05(d) hereof.
(b) The Servicer shall provide to the Borrower monthly written confirmation of investments of funds held in the Security Deposit Account, describing the Permitted Investments in which such amounts have been invested. Any funds not so invested shall be insured by the Federal Deposit Insurance Corporation.
(c) If any amounts invested as provided in Section 2.05(a) hereof shall be subject to disbursement from the Security Deposit Account as set forth in Section 2.05(d) hereof, the Servicer shall cause such investments of such Security Deposit Account to be sold or otherwise converted to cash to the credit of such Security Deposit Account. The Servicer shall not be liable for any investment loss resulting from investment of money in the Security Deposit Account in any Permitted Investment in accordance with the terms hereof (other than in its capacity as obligor under any Permitted Investment and other than to the extent such loss results from the gross negligence or wilful misconduct of the Servicer).
(d) Disbursements from the Security Deposit Account shall be made, to the extent funds therefore are available, only as follows (and with the prior written consent of the Collateral Agent in the case of clause (i) below; provided, however, that if the Lender’s Bank receives the Servicer’s direction in accordance with clause (i) below but does not receive such written consent of the Collateral Agent prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date, subject to the provisions of the Discrepancy Procedure, the Lender’s Bank shall disburse such funds in accordance with the information calculated by the Servicer on the related Monthly Remittance Report):follows:
(i) for deposit in the Collection Account in accordance with the direction of the Servicer prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date to the extent that the Servicer, in accordance with the terms of a Pool A Contract, has determined that amounts in respect of a Security Deposit shall be applied as full or partial Recoveries or, in its discretion, as a full or partial Scheduled Payment under such Pool A Contract;
(ii) the Security Deposit with respect to a Pledged Pool A Receivable shall be paid to or upon the order of the Servicer at any time that the Pool A Contract with respect to which such Security Deposit has been made is no longer a Pledged Pool A Receivable, whether through maturity of such Pool A Contract or repurchase by the Servicer, for further disposition by the Servicer in accordance with the terms of the related Pool A Contract or applicable law; and
(iii) any amounts remaining in the Security Deposit Account upon the Collection Date shall be distributed to or at the direction of the Servicer for further disposition in accordance with the terms of the related Contract or applicable law.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Resource America Inc)
Security Deposit Account. (a) On or before the date hereofClosing Date, the Borrower shall enter into a Security Deposit Account Agreement and open establish and maintain with the Collateral Agent a segregated trust collection account (the “Security Deposit Collection Account”), which shall be an Eligible Account with a separate and unique identification number and entitled “Citigroup Global Markets Realty Corp. as Agent, as secured party from 515/555 Flower Associates, LLC pursuant to a Loan Agreement dated as of July 15, 2004 among 515/555 Flower Associates, LLC, Citigroup Global Markets Realty Corp. as Agent and LaSalle Bank National Association as Collateral Agent.” Not later than three (3) at days after the Lender’s BankClosing Date, for Borrower shall deliver to each tenant under a Lease an irrevocable direction letter in a form approved by Agent requiring the receipt tenant to pay all Rents and Money received from Accounts or under Leases and derived from the Mortgaged Property and Proceeds thereof owed to Borrower directly to the Local Collection Account. Borrower shall provide to Agent proof of amounts representing any Security Deposits with respect such delivery. In addition, Borrower shall deliver an irrevocable direction letter in such form to any Pool A Contract by each tenant under a new Lease entered into after the related Obligordate hereof prior to the commencement of such Lease. The Servicer shall promptly deposit into If a tenant under a Lease forwards such Rents, Money or Proceeds to Borrower rather than directly to the Security Deposit Local Collection Account, all Security Deposits related Borrower shall (i) deliver an additional irrevocable direction letter to Pledged Pool A Receivables which are the tenant and make other commercially reasonable efforts to cause the tenant to forward such Rents, Money or Proceeds directly to the Local Collateral Account and (ii) immediately deposit or cause the Manager to deposit in the possession ofLocal Collection Account such Rents, Money or come into the possession ofProceeds. At all times during this Agreement, the Servicer Borrower shall deposit or the Originator. Monies received cause Manager to deposit in the Security Deposit Account shall be invested in Permitted Investments all security deposits received from tenants at the written direction of the Servicer or the Lender (as determined in accordance with the Security Deposit Account Agreement) during the term of this Agreementapplicable Mortgaged Property, and any income or other gain realized from such investment shall be held in the Security Deposit Account, subject to disbursement and withdrawal as herein provided. No such Permitted Investment shall mature by no later than the Business Day preceding following the next following Remittance Date collection and receipt thereof. At all times during this Agreement, Borrower shall deposit or cause Manager or Borrower’s parking operator to deposit in the Parking Collection Account all Gross Revenues from the Mortgaged Property allocable to parking fees and expenses. The Local Deposit Bank shall perform clearing house services with respect to the Local Collection Account and the Parking Collection Account, and shall not immediately transfer all cleared funds into the Local Deposit Trust Account. Subject to Section 2.12(a)(ii), Borrower shall sweep or cause to be sold or disposed swept on each Business Day during a calendar month all Money on deposit in the Local Deposit Trust Account to the Collection Account. So long as no Event of prior to its maturity. Monies Default shall have occurred and be continuing, Borrower and Manager shall be subject permitted on a monthly basis with the prior written approval of the Agent to withdrawal in accordance with Section 2.05(d) hereof.
(b) The Servicer shall provide to the Borrower monthly written confirmation of investments of funds held in the Security Deposit Account, describing the Permitted Investments in which such amounts have been invested. Any funds not so invested shall be insured by the Federal Deposit Insurance Corporation.
(c) If any amounts invested as provided in Section 2.05(a) hereof shall be subject to disbursement make withdrawals from the Security Deposit Account as set forth for the payment, application or return of security deposits in Section 2.05(d) hereofaccordance with the Leases. Borrower shall not have any right to withdraw Money from the Local Deposit Trust Account, the Servicer shall cause such investments of such Security Deposit Local Collection Account, the Parking Collection Account, the Collection Account to be sold or otherwise converted to cash to the credit of such Security Deposit Account. The Servicer shall not be liable for any investment loss resulting from investment of money in the Security Deposit Account in any Permitted Investment in accordance with (except for security deposits as described above), which shall be under the terms hereof (other than in its capacity as obligor under any Permitted Investment sole dominion and other than to control and the extent such loss results from “control” within the gross negligence or wilful misconduct meaning of Sections 9-104 and 9-106 of the Servicer).
(d) Disbursements from UCC, of the Security Deposit Agent. Any such Rents, Money or Proceeds held by Borrower or the Manager prior to deposit into the Collection Account shall be made, to held in trust for the extent funds therefore are available, only as follows (and with the prior written consent benefit of the Collateral Agent in and the case of clause (i) below; provided, however, that if the Lender’s Bank receives the Servicer’s direction in accordance with clause (i) below but does not receive such written consent of the Collateral Agent prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date, subject to the provisions of the Discrepancy Procedure, the Lender’s Bank shall disburse such funds in accordance with the information calculated by the Servicer on the related Monthly Remittance Report):
(i) for deposit in the Collection Account in accordance with the direction of the Servicer prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date to the extent that the Servicer, in accordance with the terms of a Pool A Contract, has determined that amounts in respect of a Security Deposit shall be applied as full or partial Recoveries or, in its discretion, as a full or partial Scheduled Payment under such Pool A Contract;
(ii) the Security Deposit with respect to a Pledged Pool A Receivable shall be paid to or upon the order of the Servicer at any time that the Pool A Contract with respect to which such Security Deposit has been made is no longer a Pledged Pool A Receivable, whether through maturity of such Pool A Contract or repurchase by the Servicer, for further disposition by the Servicer in accordance with the terms of the related Pool A Contract or applicable law; and
(iii) any amounts remaining in the Security Deposit Account upon the Collection Date shall be distributed to or at the direction of the Servicer for further disposition in accordance with the terms of the related Contract or applicable lawLenders.
Appears in 1 contract
Security Deposit Account. (a) On or before the date hereof, the Borrower shall enter into a Security Deposit Account Agreement and open and maintain a segregated trust account (the “Security Deposit Account”) at the Lender’s Bank, for the receipt of amounts representing any Security Deposits with respect to any Pool A Contract by the related Obligor. The Servicer shall promptly deposit into the Security Deposit Account, all Security Deposits related to Pledged Pool A Receivables which are in the possession of, or come into the possession of, the Servicer or the Originator. Monies received in the Security Deposit Account shall be invested in Permitted Investments at the written direction of the Servicer or the Lender (as determined in accordance with the Security Deposit Account Agreement) during the term of this Agreement, and any income or other gain realized from such investment shall be held in the Security Deposit Account, subject to disbursement and withdrawal as herein provided. No such Permitted Investment shall mature later than the Business Day preceding the next following Remittance Date and shall not be sold or disposed of prior to its maturity. Monies shall be subject to withdrawal in accordance with Section 2.05(d) hereof.
(b) The Servicer shall provide to the Borrower monthly written confirmation of investments of funds held in the Security Deposit Account, describing the Permitted Investments in which such amounts have been invested. Any funds not so invested shall be insured by the Federal Deposit Insurance Corporation.
(c) If any amounts invested as provided in Section 2.05(a) hereof shall be subject to disbursement from the Security Deposit Account as set forth in Section 2.05(d) hereof, the Servicer shall cause such investments of such Security Deposit Account to be sold or otherwise converted to cash to the credit of such Security Deposit Account. The Servicer shall not be liable for any investment loss resulting from investment of money in the Security Deposit Account in any Permitted Investment in accordance with the terms hereof (other than in its capacity as obligor under any Permitted Investment and other than to the extent such loss results from the gross negligence or wilful misconduct of the Servicer).
(d) Disbursements from the Security Deposit Account shall be made, to the extent funds therefore are available, only as follows (and with the prior written consent of the Collateral Agent in the case of clause (i) below; provided, however, that if the Lender’s Bank receives the Servicer’s direction in accordance with clause (i) below but does not receive such written consent of the Collateral Agent prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date, subject to the provisions of the Discrepancy Procedure, the Lender’s Bank shall disburse such funds in accordance with the information calculated by the Servicer on the related Monthly Remittance Report):follows:
(i) for deposit in the Collection Account in accordance with the direction of the Servicer prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date to the extent that the Servicer, in accordance with the terms of a Pool A Contract, has determined that amounts in respect of a Security Deposit shall be applied as full or partial Recoveries or, in its discretion, as a full or partial Scheduled Payment under such Pool A Contract;
(ii) the Security Deposit with respect to a Pledged Pool A Receivable shall be paid to or upon the order of the Servicer at any time that the Pool A Contract with respect to which such Security Deposit has been made is no longer a Pledged Pool A ReceivableAReceivable, whether through maturity of such Pool A Contract or repurchase by the Servicer, for further disposition by the Servicer in accordance with the terms of the related Pool A Contract or applicable law; and
(iii) any amounts remaining in the Security Deposit Account upon the Collection Date shall be distributed to or at the direction of the Servicer for further disposition in accordance with the terms of the related Contract or applicable law.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Resource America Inc)
Security Deposit Account. (a) On or before the date hereof, the Borrower shall enter into a Security Deposit Account Agreement and open and maintain a segregated trust account (the “Security Deposit Account”) at the LenderAgent’s Bank, for the receipt of amounts representing any Security Deposits with respect to any Pool A Contract by the related Obligor. The Servicer shall promptly deposit into the Security Deposit Account, all Security Deposits related to Pledged Pool A Receivables which are in the possession of, or come into the possession of, the Servicer or the Originator. Monies received in the Security Deposit Account shall be invested in Permitted Investments at the written direction of the Servicer or the Lender (as determined in accordance with the Security Deposit Account Agreement) Permitted Investments during the term of this Agreement, and any income or other gain realized from such investment shall be held in the Security Deposit Account, subject to disbursement and withdrawal as herein provided. No such Permitted Investment shall mature later than the Business Day preceding the next following Remittance Date and shall not be sold or disposed of prior to its maturity. Monies shall be subject to withdrawal in accordance with Section 2.05(d2.06(d) hereof.
(b) The Servicer shall provide to the Borrower monthly written confirmation of investments of funds held in the Security Deposit Account, describing the Permitted Investments in which such amounts have been invested. Any funds not so invested shall be insured by the Federal Deposit Insurance Corporation.
(c) If any amounts invested as provided in Section 2.05(a2.06(a) hereof shall be subject to disbursement from the Security Deposit Account as set forth in Section 2.05(d2.06(d) hereof, the Servicer shall cause such investments of such Security Deposit Account to be sold or otherwise converted to cash to the credit of such Security Deposit Account. The Servicer shall not be liable for any investment loss resulting from investment of money in the Security Deposit Account in any Permitted Investment in accordance with the terms hereof (other than in its capacity as obligor under any Permitted Investment and other than to the extent such loss results from the gross negligence or wilful misconduct of the Servicer).
(d) Disbursements from the Security Deposit Account shall be made, to the extent funds therefore are available, only as follows (and with the prior written consent of the Collateral Agent in the case of clause (i) below; provided, however, that if the Lender’s Bank receives the Servicer’s direction in accordance with clause (i) below but does not receive such written consent of the Collateral Agent prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date, subject to the provisions of the Discrepancy Procedure, the Lender’s Bank shall disburse such funds in accordance with the information calculated by the Servicer on the related Monthly Remittance Report):follows:
(i) for deposit in the Collection Account in accordance with the direction of the Servicer prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date to the extent that the Servicer, in accordance with the terms of a Pool A Contract, has determined that amounts in respect of a Security Deposit shall be applied as full or partial Recoveries or, in its discretion, as a full or partial Scheduled Payment under such Pool A Contract;
(ii) the Security Deposit with respect to a Pledged Pool A Receivable shall be paid to or upon the order of the Servicer at any time that the Pool A Contract with respect to which such Security Deposit has been made is no longer a Pledged Pool A Receivable, whether through maturity of such Pool A Contract or substitution or repurchase by the Servicer, for further disposition by the Servicer in accordance with the terms of the related Pool A Contract or applicable law; and
(iii) any amounts remaining in the Security Deposit Account upon the Collection Date shall be distributed to or at the direction of the Servicer for further disposition in accordance with the terms of the related Contract or applicable law.
(a) On or before the date hereof, the Borrower shall enter into the Cash Reserve Account Agreement (Northern) and open and maintain a segregated trust account (the “Cash Reserve Account (Northern)”) at the Agent’s Bank, for the receipt of amounts representing any Cash Reserves funded with respect to the Pool B Contract entered into with Northern. From time to time after the date hereof, the Borrower shall enter into a Cash Reserve Account Agreement and open and maintain a segregated trust account (any such account, together with the Cash Reserve Account (Northern), a “Cash Reserve Account”) at the Agent’s Bank, for the receipt of amounts representing any Cash Reserves funded with respect to any Pool B Contract. The Servicer shall promptly deposit into the Cash Reserve Account, all Cash Reserves related to Pledged Pool B Receivables which are in the possession of, or come into the possession of, the Servicer or the Originator. Monies received in any Cash Reserve Account shall be invested at the written direction of the Servicer in Permitted Investments during the term of this Agreement, and any income or other gain realized from such investment shall be held in such Cash Reserve Account, subject to disbursement and withdrawal as herein provided. No such Permitted Investment shall mature later than the Business Day preceding the next following Remittance Date and shall not be sold or disposed of prior to its maturity. Monies shall be subject to withdrawal in accordance with Section 2.07(d) hereof.
(b) The Servicer shall provide to the Borrower monthly written confirmation of investments of funds held in each Cash Reserve Account, describing the Permitted Investments in which such amounts have been invested. Any funds not so invested shall be insured by the Federal Deposit Insurance Corporation.
(c) If any amounts invested as provided in Section 2.07(a) hereof shall be subject to disbursement from a Cash Reserve Account as set forth in Section 2.07(d) hereof, the Servicer shall cause such investments of such Cash Reserve Account to be sold or otherwise converted to cash to the credit of such Cash Reserve Account. The Servicer shall not be liable for any investment loss resulting from investment of money in the Cash Reserve Account in any Permitted Investment in accordance with the terms hereof (other than in its capacity as obligor under any Permitted Investment and other than to the extent such loss results from the gross negligence or willful misconduct of the Servicer).
(d) Disbursements from any Cash Reserve Account shall be made, to the extent funds therefore are available, only as follows:
(i) for deposit in the Collection Account in accordance with the direction of the Servicer prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date to the extent that the Servicer, in accordance with the terms of a Pool B Contract, has determined that amounts in respect of a Cash Reserve shall be applied as full or partial Recoveries or, in its discretion, as a full or partial Scheduled Payment under such Pool B Contract;
(ii) the Cash Reserve with respect to a Pool B Contract shall be paid to or upon the order of the Servicer at any time that the related Pool B Loan has been repaid in full and the Pool B Contract with respect to which such Cash Reserve has been made is no longer a Pledged Receivable, whether through maturity of such Contract or substitution or repurchase by the Servicer, for further disposition by the Servicer in accordance with the terms of the related Pool B Contract or applicable law; and
(iii) any amounts remaining in the Cash Reserve Account upon the Collection Date shall be distributed to or at the direction of the Servicer for further disposition in accordance with the terms of the related Pool B Contract or applicable law.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (LEAF Equipment Finance Fund 4, L.P.)
Security Deposit Account. (a) On or before the date hereof, the Borrower shall enter into a Security Deposit Account Agreement and open and maintain a segregated trust account (the “Security Deposit Account”) at the Lender’s Bank, for the receipt of amounts representing any Security Deposits with respect to any Pool A Contract by the related Obligor. The Servicer shall promptly deposit into the Security Deposit Account, all Security Deposits related to Pledged Pool A Receivables which are in the possession of, or come into the possession of, the Servicer or the Originator. Monies received in the Security Deposit Account shall be invested in Permitted Investments at the written direction of the Servicer or the Lender (as determined in accordance with the Security Deposit Account Agreement) during the term of this Agreement, and any income or other gain realized from such investment shall be held in the Security Deposit Account, subject to disbursement and withdrawal as herein provided. No such Permitted Investment shall mature later than the Business Day preceding the next following Remittance Date and shall not be sold or disposed of prior to its maturity. Monies shall be subject to withdrawal in accordance with Section 2.05(d) hereof.
(b) The Servicer shall provide to the Borrower monthly written confirmation of investments of funds held in the Security Deposit Account, describing the Permitted Investments in which such amounts have been invested. Any funds not so invested shall be insured by the Federal Deposit Insurance Corporation.
(c) If any amounts invested as provided in Section 2.05(a) hereof shall be subject to disbursement from the Security Deposit Account as set forth in Section 2.05(d) hereof, the Servicer shall cause such investments of such Security Deposit Account to be sold or otherwise converted to cash to the credit of such Security Deposit Account. The Servicer shall not be liable for any investment loss resulting from investment of money in the Security Deposit Account in any Permitted Investment in accordance with the terms hereof (other than in its capacity as obligor under any Permitted Investment and other than to the extent such loss results from the gross negligence or wilful misconduct of the Servicer).
(d) Disbursements from the Security Deposit Account shall be made, to the extent funds therefore are available, only as follows follows: (and with the prior written consent of the Collateral Agent in the case of clause (i) below; provided, however, that if the Lender’s Bank receives the Servicer’s direction in accordance with clause (i) below but does not receive such written consent of the Collateral Agent prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date, subject to the provisions of the Discrepancy Procedure, the Lender’s Bank shall disburse such funds in accordance with the information calculated by the Servicer on the related Monthly Remittance Report):
(i) for deposit in the Collection Account in accordance with the direction of the Servicer prior to 2:00 p.m. New York time on the Business Day prior to any Remittance Date to the extent that the Servicer, in accordance with the terms of a Pool A Contract, has determined that amounts in respect of a Security Deposit shall be applied as full or partial Recoveries or, in its discretion, as a full or partial Scheduled Payment under such Pool A Contract;
(ii) the Security Deposit with respect to a Pledged Pool A Receivable shall be paid to or upon the order of the Servicer at any time that the Pool A Contract with respect to which such Security Deposit has been made is no longer a Pledged Pool A Receivable, whether through maturity of such Pool A Contract or repurchase by the Servicer, for further disposition by the Servicer in accordance with the terms of the related Pool A Contract or applicable law; and
(iii) any amounts remaining in the Security Deposit Account upon the Collection Date shall be distributed to or at the direction of the Servicer for further disposition in accordance with the terms of the related Contract or applicable law.
Appears in 1 contract
Samples: Receivables Loan and Security Agreement (Resource America Inc)