Common use of SERVICER PAYMENT IN RESPECT OF CERTAIN CONTRACTS AND LEASED VEHICLES Clause in Contracts

SERVICER PAYMENT IN RESPECT OF CERTAIN CONTRACTS AND LEASED VEHICLES. (a) The representations and warranties of the Servicer set forth in Sections 3.01(c) and 3.02(b), with respect to each 1998-C Contract shall survive delivery of the related 1998-C Contract to the 1998-C SUBI Portfolio and the 1998-C SUBI Sub-Trust and shall continue (speaking as of the dates made) so long as each such 1998-C Contract remains outstanding, or until the termination of the 1998-C Securitization Trust Agreement pursuant to Section 7.01 thereof, whichever occurs earlier. Upon discovery by the Titling Trustee, the 1998-C Securitization Trustee or the Servicer that any such representation or warranty was incorrect as of the time specified with respect to such representation and warranty and such incorrectness materially and adversely affects the interests of the Transferor or Investor Certificateholders in such 1998-C Contract, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its discovery of such incorrectness or notice to such effect to the Servicer, the Servicer shall cure in all material respects the circumstances or condition in respect of which such representation or warranty was incorrect. If the Servicer is unable or unwilling to do so timely, it shall, as the sole remedy for such breach, promptly (i) deposit the Reallocation Payment in respect of such 1998-C Contract into the 1998-C SUBI Collection Account, (ii) reallocate such 1998-C Contract and the related 1998-C Leased Vehicle and other related Titling Trust Assets from the 1998-C SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of the 1998-C SUBI Certificate (including without limitation the 1998-C Securitization Trustee on behalf of the 1998-C Securitization Trust and the Certificateholders), the holder of the 1998-C SUBI Insurance Certificate and any subsequent servicer (if other than the current Servicer) from and against, any and all loss or liability with respect to or resulting from any such 1998-C Contract or related 1998-C Leased Vehicle. Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 1998-C SUBI Collection Account a Reallocation Deposit Amount in an amount such that the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been made.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Toyota Auto Lease Trust 1998 C)

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SERVICER PAYMENT IN RESPECT OF CERTAIN CONTRACTS AND LEASED VEHICLES. (a) The representations and warranties of the Servicer set forth in Sections 3.01(c) and 3.02(b), with respect to each 1998-C B Contract shall survive delivery of the related 1998-C Contract to the 1998-C B SUBI Portfolio and the 1998-C B SUBI Sub-Trust and shall continue (speaking as of the dates made) so long as each such 1998-C B Contract remains outstanding, or until the termination of the 1998-C B Securitization Trust Agreement pursuant to Section 7.01 thereof, whichever occurs earlier. Upon discovery by the Titling Trustee, the 1998-C B Securitization Trustee or the Servicer that any such representation or warranty was incorrect as of the time specified with respect to such representation and warranty and such incorrectness materially and adversely affects the interests of the Transferor or Investor Certificateholders in such 1998-C B Contract, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its discovery of such incorrectness or notice to such effect to the Servicer, the Servicer shall cure in all material respects the circumstances or condition in respect of which such representation or warranty was incorrect. If the Servicer is unable or unwilling to do so timely, it shall, as the sole remedy for such breach, promptly (i) deposit the Reallocation Payment in respect of such 1998-C B Contract into the 1998-C B SUBI Collection Account, (ii) reallocate such 1998-C B Contract and the related 1998-C Leased Vehicle and other related Titling Trust Assets from the 1998-C B SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of the 1998-C B SUBI Certificate (including without limitation the 1998-C B Securitization Trustee on behalf of the 1998-C B Securitization Trust and the Certificateholders), the holder of the 1998-C B SUBI Insurance Certificate and any subsequent servicer (if other than the current Servicer) from and against, any and all loss or liability with respect to or resulting from any such 1998-C B Contract or related 1998-C Leased Vehicle. Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 1998-C B SUBI Collection Account a Reallocation Deposit Amount in an amount such that the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been made.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Toyota Auto Lease Trust 1998-B)

SERVICER PAYMENT IN RESPECT OF CERTAIN CONTRACTS AND LEASED VEHICLES. (a) The representations and warranties of the Servicer set forth in Sections 3.01(c) and Section 3.02(b), with respect to each 19981997-C A Contract shall survive delivery of the related 1998-C Contract to the 19981997-C A SUBI Portfolio and the 19981997-C A SUBI Sub-Trust and shall continue (speaking as of the dates made) so long as each such 19981997-C A Contract remains outstanding, or until the termination of the 19981997-C A Securitization Trust Agreement pursuant to Section 7.01 thereof, whichever occurs earlier. Upon discovery by the Titling Trustee, the 19981997-C A Securitization Trustee or the Servicer that any such representation or warranty was incorrect as of the time specified with respect to such representation and warranty and such incorrectness materially and adversely affects the interests of the Transferor or Investor Certificateholders in such 19981997-C A Contract, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its discovery of such incorrectness or notice to such effect to the Servicer, the Servicer shall cure in all material respects the circumstances or condition in respect of which such representation or warranty was incorrect. If the Servicer is unable or unwilling to do so timely, it shall, as the sole remedy for such breach, promptly (i) deposit the Reallocation Payment in respect of such 19981997-C A Contract into the 19981997-C A SUBI Collection Account, (ii) reallocate such 19981997-C A Contract and the related 1998-C Leased Vehicle and other related Titling Trust Assets from the 19981997-C A SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of the 1998any 1997-C A SUBI Certificate (including without limitation the 19981997-C A Securitization Trustee on behalf of the 19981997-C A Securitization Trust and the Certificateholders), the holder of the 1998-C SUBI Insurance Certificate ) and any subsequent servicer (if other than the current Servicer) from and against, any and all loss or liability with respect to or resulting from any such 19981997-C A Contract or related 1998-C Leased Vehicle. Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 19981997-C A SUBI Collection Account a Reallocation Deposit Amount in an amount such so that the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been made.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Toyota Lease Trust)

SERVICER PAYMENT IN RESPECT OF CERTAIN CONTRACTS AND LEASED VEHICLES. (a) The representations and warranties of the Servicer set forth in Sections 3.01(c) and Section 3.02(b), with respect to each 19981997-C A Contract shall survive delivery of the related 1998-C Contract to the 19981997-C A SUBI Portfolio and the 19981997-C A SUBI Sub-Trust and shall continue (speaking as of the dates made) so long as each such 19981997-C A Contract remains outstanding, or until the termination of the 19981997-C A Securitization Trust Agreement pursuant to Section 7.01 thereof, whichever occurs earlier. Upon discovery by the Titling Trustee, the 19981997-C A Securitization Trustee or the Servicer that any such representation or warranty was incorrect as of the time specified with respect to such representation effective and warranty and such incorrectness materially and adversely affects the interests of the Transferor or Investor Certificateholders in such 19981997-C A Contract, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its discovery of such incorrectness or notice to such effect to the Servicer, the Servicer shall cure in all material respects the circumstances or condition in respect of which such the representation or warranty was incorrectincorrect as of the time effective. If the Servicer is unable or unwilling to do so timely, it shall, as the sole remedy for such breach, promptly (i) deposit the Reallocation Payment in respect of such 19981997-C A Contract into the 19981997-C A SUBI Collection AccountAccount , (ii) reallocate such 19981997-C A Contract and the related 1998-C Leased Vehicle and other related Titling Trust Assets from the 19981997-C A SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of the 1998any 1997-C A SUBI Certificate (including without limitation the 19981997-C A Securitization Trustee on behalf of the 19981997-C A Securitization Trust and the Certificateholders), the holder of the 1998-C SUBI Insurance Certificate ) and any subsequent servicer (if other than the current Servicer) from and against, any and all loss or liability with respect to or resulting from any such 19981997-C A Contract or related 1998-C Leased Vehicle. Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 19981997-C A SUBI Collection Account a Reallocation Deposit Amount in an amount such so that the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been made.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Toyota Auto Lease Trust 1997-A)

SERVICER PAYMENT IN RESPECT OF CERTAIN CONTRACTS AND LEASED VEHICLES. (a) The representations and warranties of the Servicer set forth in Sections 3.01(c) and 3.02(b), with respect to each 1998-C B Contract shall survive delivery of the related 1998-C Contract to the 1998-C B SUBI Portfolio and the 1998-C B SUBI Sub-Trust and shall continue (speaking as of the dates made) so long as each such 1998-C B Contract remains outstanding, or until the termination of the 1998-C B Securitization Trust Agreement pursuant to Section 7.01 thereof, whichever occurs earlier. Upon discovery by the Titling Trustee, the 1998-C B Securitization Trustee or the Servicer that any such representation or warranty was incorrect as of the time specified with respect to such representation and warranty and such incorrectness materially and adversely affects the interests of the Transferor or Investor Certificateholders in such 1998-C B Contract, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its discovery of such incorrectness or notice to such effect to the Servicer, the Servicer shall cure in all material respects the circumstances or condition in respect of which such representation or warranty was incorrect. If the Servicer is unable or unwilling to do so timely, it shall, as the sole remedy for such breach, promptly (i) deposit the Reallocation Payment in respect of such 1998-C B Contract into the 1998-C B SUBI Collection Account, (ii) reallocate such 1998-C B Contract and the related 1998-C Leased Vehicle and other related Titling Trust Assets from the 1998-C B SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of the 1998-C B SUBI Certificate (including without limitation the 1998-C B Securitization Trustee on behalf of the 1998-C B Securitization Trust and the Certificateholders), the holder of the 1998-C B SUBI Insurance Certificate and any subsequent servicer (if other than the current Servicer) from and against, any and all loss or liability with respect to or resulting from any such 1998-C B Contract or related 1998-C Leased Vehicle. Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 1998-C B SUBI Collection Account a Reallocation Deposit Amount in an amount such that the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been made.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Toyota Lease Trust)

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SERVICER PAYMENT IN RESPECT OF CERTAIN CONTRACTS AND LEASED VEHICLES. (a) The representations and warranties of the Servicer set forth in Sections 3.01(c) and 3.02(b), with respect to each 19981997-C A Contract shall survive delivery of the related 1998-C Contract to the 19981997-C A SUBI Portfolio and the 19981997-C A SUBI Sub-Trust and shall continue (speaking as of the dates made) so long as each such 19981997-C A Contract remains outstanding, or until the termination of the 19981997-C A Securitization Trust Agreement pursuant to Section 7.01 thereof, whichever occurs earlier. Upon discovery by the Titling Trustee, the 19981997-C A Securitization Trustee or the Servicer that any such representation or warranty was incorrect as of the time specified with respect to such representation and warranty and such incorrectness materially and adversely affects the interests of the Transferor or Investor Certificateholders in such 19981997-C A Contract, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its discovery of such incorrectness or notice to such effect to the Servicer, the Servicer shall cure in all material respects the circumstances or condition in respect of which such representation or warranty was incorrect. If the Servicer is unable or unwilling to do so timely, it shall, as the sole remedy for such breach, promptly (i) deposit the Reallocation Payment in respect of such 19981997-C A Contract into the 19981997-C A SUBI Collection Account, (ii) reallocate such 19981997-C A Contract and the related 1998-C Leased Vehicle and other related Titling Trust Assets from the 19981997-C A SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of the 1998any 1997-C A SUBI Certificate (including without limitation the 19981997-C A Securitization Trustee on behalf of the 19981997-C A Securitization Trust and the Certificateholders), the holder of the 1998-C SUBI Insurance Certificate ) and any subsequent servicer (if other than the current Servicer) from and against, any and all loss or liability with respect to or resulting from any such 19981997-C A Contract or related 1998-C Leased Vehicle. Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 19981997-C A SUBI Collection Account a the Reallocation Deposit Amount in an amount such that the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been made.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Toyota Auto Lease Trust 1997-A)

SERVICER PAYMENT IN RESPECT OF CERTAIN CONTRACTS AND LEASED VEHICLES. (a) The representations and warranties of the Servicer set forth in Sections 3.01(c) and 3.02(b), with respect to each 1998-C Contract shall survive delivery of the related 1998-C Contract to the 1998-C SUBI Portfolio and the 1998-C SUBI Sub-Trust and shall continue (speaking as of the dates made) so long as each such 1998-C Contract remains outstanding, or until the termination of the 1998-C Securitization Trust Agreement pursuant to Section 7.01 thereof, whichever occurs earlier. Upon discovery by the Titling Trustee, the 1998-C Securitization Trustee or the Servicer that any such representation or warranty was incorrect as of the time specified with respect to such representation and warranty and such incorrectness materially and adversely affects the interests of the Transferor or Investor Certificateholders in such 1998-C Contract, the party discovering such incorrectness shall give prompt written notice to the others. Within 60 days of its discovery of such incorrectness or notice to such effect to the Servicer, the Servicer shall cure in all material respects the circumstances or condition in respect of which such representation or warranty was incorrect. If the Servicer is unable or unwilling to do so timely, it shall, as the sole remedy for such breach, promptly (i) deposit the Reallocation Payment in respect of such 1998-C Contract into the 1998-C SUBI Collection Account, (ii) reallocate such 1998-C Contract and the related 1998-C Leased Vehicle and other related Titling Trust Assets from the 1998-C SUBI Portfolio to the UTI Portfolio, and (iii) indemnify, defend and hold harmless the holders of the 1998-C SUBI Certificate (including without limitation the 1998-C Securitization Trustee on behalf of the 1998-C Securitization Trust and the Certificateholders), the holder of the 1998-C SUBI Insurance Certificate and any subsequent servicer (if other than the current Servicer) from and against, any and all loss or liability with respect to or resulting from any such 1998-C Contract or related 1998-C Leased Vehicle. Notwithstanding the foregoing, if any reallocation described in clause (ii) would cause the Transferor Interest to be equal to or less than zero, the Servicer also shall deposit promptly into the 1998-C SUBI Collection Account a Reallocation Deposit Amount in an amount such that the Transferor Interest will not be reduced to less than zero, and the reallocation will not be made until such deposit has been made.

Appears in 1 contract

Samples: Trust and Servicing Agreement (Toyota Lease Trust)

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