Servicer’s Certificate. On or before each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agent, the Indenture Trustee and the Seller, and shall make available to the Rating Agencies, a Servicer’s Certificate substantially in the form of Exhibit A hereto, containing (i) the information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of Receivables). In addition, with respect to each Collection Period, the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filed.
Appears in 59 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2024-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-C Owner Trust)
Servicer’s Certificate. On or before No later than 10:00 a.m. New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agentthe Indenture Trustee, the Indenture Trustee Backup Servicer, the Security Insurer, the Collateral Agent and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing, containing among other things, (i) the all information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and enable the Indenture Trustee to make available on its website any withdrawal and deposit required by Section 5.1, to give any notice required by Section 5.2, to make the distributions required by Sections 4.6 and 4.7(b), to make the withdrawals, distributions and deliveries required by Section 4.7(a) and to determine the amount to which the Servicer is entitled to be reimbursed or has been reimbursed during the related Monthly Period for Monthly Advances pursuant to Section 4.4(c), (ii) all information necessary to enable the Indenture Trustee to send the statements to Noteholders required by Section 4.9, (iii) a listing of all Warranty Receivables and Administrative Receivables purchased as of the Securityholders pursuant to related Deposit Date, identifying the Trust Agreement or IndentureReceivables so purchased, as the case may be and (iv) in the case of the Servicer’s Certificate related all information necessary to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and enable the Indenture Trustee specifying (i) to reconcile all deposits to, and withdrawals from, the identity of any Receivable that Collection Account for the related Monthly Period and Distribution Date, including the accounting required by Section 4.8. Receivables purchased by the Servicer or by the Seller or AFL on the related Deposit Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the Collection related Monthly Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). A copy of such certificate may be obtained by any Noteholder (or by a Note Owner, upon certification that such Person is a Note Owner and payment of any expenses associated with the distribution thereof) by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate delivered to the Security Insurer, the Collateral Agent and filethe Indenture Trustee on the Determination Date shall also contain the following information: (a) the Delinquency Ratio, or cause to be filedAverage Delinquency Ratio, a Form ABS-EE (including an asset data file Cumulative Default Rate and asset-related document containing the asset-level information for each Receivable Cumulative Net Loss Rate for such Collection PeriodDetermination Date; (b) on or before whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured as of such Determination Date; (d) whether to the date on which knowledge of the Form 10-D Servicer an Insurance Agreement Event of Default has occurred, (e) if AFL shall be the Servicer, whether a Capture Event shall have occurred and be continuing, and (f) if AFL shall be the Servicer, whether any Capture Event specified in any prior Servicer's Certificate has been cured by a permanent waiver, effective in accordance with respect to such Collection Period is required to be filedthe terms of the Purchase Agreements.
Appears in 11 contracts
Samples: Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Sale and Servicing Agreement (Arcadia Receivables Finance Corp), Sale and Servicing Agreement (Olympic Receivables Finance Corp)
Servicer’s Certificate. On or before each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agent, the Indenture Trustee and the Seller, and shall make available to the Rating Agencies, a Servicer’s Certificate substantially in the form of Exhibit A hereto, containing (i) the information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, and (iii) the information necessary for the Owner Trustee and the Indenture Trustee to make available on its website send statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rulesbe. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of Receivables). In addition, with respect to each Collection Period, the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filed.
Appears in 8 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2016-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2016-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2016-a Owner Trust)
Servicer’s Certificate. On or before (a) No later than 12:00 noon New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agentthe Trustee, the Security Insurer or its fiscal agent, the Indenture Trustee Collateral Agent and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s Certificate substantially in the form of Exhibit A heretocontaining, containing among other things, (i) the all information necessary to enable the Trustee to make any withdrawal and deposit required by Section 5.6(a) and 5.6(c), to give any notice required by Section 5.4 and to make the payments to be made on the related Payment Datedistributions required by Section 5.6, (ii) a statement as all information necessary to whether or not a Delinquency Trigger has occurred in respect of enable the related Collection PeriodTrustee to send the statements required by Section 5.8 to the Owner Trustee, together with reasonably detailed calculations thereofthe Noteholders, the Certificateholders, each Rating Agency and the Security Insurer, (iii) a listing of all Receivables purchased during the related Monthly Period, identifying the Receivables so purchased, (iv) all information necessary to enable the Trustee to reconcile all deposits to, and withdrawals from, the Collection Account for the related Monthly Period and Distribution Date, including the accounting required by Section 5.9, (v) the amount of Covered Amounts (as defined in the Servicer Deposit Support Agreement) to be deposited to the Collection Account for the related Distribution Date pursuant to the Servicer Deposit Support Agreement, (vi) all information necessary to enable the Owner Trustee to make the distribution required by the Trust Agreement, (vii) a statement of the then current long-term rating and short-term rating of the Representative maintained by each Rating Agency and (viii) a statement setting forth the number of modifications, extensions or deferrals granted by the Servicer during the prior calendar month and the Indenture Trustee aggregate principal balance as of the end of the related Monthly Period of all Contracts on which an extension, deferral or modification has been granted by the Servicer during the prior calendar month pursuant to make available on its website statements Section 4.2(b) herein. Receivables purchased by the Servicer, the Seller or the Representative and each Receivable which became a Liquidated Receivable or which was paid in full during the related Monthly Period shall be identified by account number (as set forth in Schedule A hereto). A copy of such certificate may be obtained by any Noteholder or Certificateholder by a request in writing to the Securityholders pursuant Trustee addressed to the Corporate Trust Agreement Office or Indenture, as the case may be and (iv) in the case of from the Servicer’s Certificate related to . Neither the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to Trustee nor the Owner Trustee and shall be under any obligation to confirm or reconcile the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated information provided pursuant to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of ReceivablesSection 4.9(a)(iv). In addition, with respect to each Collection Period, the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filed.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Franklin Auto Trust 2003-2), Sale and Servicing Agreement (Franklin Receivables Auto Trust 2003-1), Sale and Servicing Agreement (Franklin Auto Trust 2004-1)
Servicer’s Certificate. On or before No later than 12:00 noon New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agentthe Indenture Trustee, the Insurer, the Backup Servicer, the Indenture Trustee Collateral Agent and the Seller, and shall make available to the each Rating AgenciesAgency, a Servicer’s 's Certificate substantially in the form of Exhibit A heretocontaining, containing among other things, (i) the all information necessary to enable the Indenture Trustee to make any withdrawal and deposit required by Section 5.6, to give any notice required by Section 5.4 and make the payments distributions required by Section 5.6 and 5.7; (ii) all information necessary to be made on enable the Indenture Trustee to send the statements required by Section 5.8 to the Owner Trustee, the Noteholders, each Rating Agency and the Insurer; (iii) a listing of all Purchased Receivables for the related Collection Period; (iv) all information necessary to enable the Indenture Trustee to reconcile all deposits to, and withdrawals from, the Collection Account for the related Collection Period and Payment Date, including the accounting required by Section 5.9; (iiv) a statement as to the Delinquency Ratio, the Cumulative Default Rate and the Cumulative Net Loss Rate for such Determination Date; (vi) whether or not a Delinquency Trigger any Insurance Agreement Event of Default has occurred in respect as of such Determination Date; (vii) whether any Insurance Agreement Event of Default that may have occurred as of a prior Determination Date is cured as of such Determination Date; (viii) whether to the knowledge of the Servicer an Insurer Default has occurred; (ix) if the Servicer has granted payment extensions on, or other modifications or amendments to, any Receivables during the related Collection Period, together with reasonably detailed calculations thereofthe number of such Receivables extended, modified or amended, the Aggregate Principal Balance of such Receivables and the Principal Balance of such Receivables expressed as a percentage of the outstanding Aggregate Principal Balance as of the related Determination Date and (iiix) the information necessary for amount of any unpaid fees and expenses of the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of Trustee. Receivables purchased by the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On Seller and each receivable which became a Liquidated Receivable or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, was paid in either case full during the related Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of ReceivablesReceivables on Schedule A hereof). In additionA copy of such certificate may be obtained by any Noteholder or by any Certificateholder by a request in writing to the Indenture Trustee or the Owner Trustee, with respect respectively, addressed to each Collection Periodthe applicable Corporate Trust Office. The Indenture Trustee shall not be under any obligation to confirm or reconcile the information provided pursuant to this Section 4.9. If a Servicer's Certificate contains a manifest error, the Servicer will prepare Insurer's written notice to the Servicer, the Owner Trustee, and filethe Indenture Trustee, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level corrected information for each Receivable for shall be deemed to amend such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filedServicer's Certificate.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Ml Asset Backed Corp), Sale and Servicing Agreement (Ml Asset Backed Corp)
Servicer’s Certificate. On or before No later than 10:00 a.m. Eastern time on the 10th calendar day of each Determination Datemonth, the Servicer shall deliver (which facsimile delivery may be made by means of electronic mailbeing acceptable) to the Trustee, the Owner Trustee, each Paying the Trust Collateral Agent, the Indenture Trustee Collateral Agent, the Backup Servicer, the Designated Backup Subservicer, the Insurer and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trust Collateral Agent to make any withdrawal and deposit required by Section 5.5 and to make the payments to be made on the related Payment Datedistributions required by Section 5.7(b), (ii) a statement listing of all Purchased Receivables and Sold Receivables purchased by the Servicer or sold by the Trust as to whether or not a Delinquency Trigger has occurred in respect of the related Collection PeriodAccounting Date, together with reasonably detailed calculations thereofidentifying the Receivables so purchased by the Servicer or sold by the Trust, (iii) the all information necessary for to enable the Owner Trustee and Backup Servicer (or the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or IndentureDesignated Backup Subservicer, as the case may be and be) to verify the items specified in Section 4.13(a)(iii), (iv) in all information necessary to enable the case of Trust Collateral Agent to send the Servicer’s Certificate related statements to Noteholders and the first Collection PeriodInsurer required by Section 5.10, and (v) all information necessary to enable the Trust Collateral Agent to reconcile the aggregate cash flows, the disclosure (if any) Collection Account for the related Collection Period and Distribution Date, including the accounting required by Rule 4(c)(2)(ii) of the Credit Risk Retention RulesSection 5.10. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered Receivables purchased by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or by the Seller on the related Accounting Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the related Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In additionaddition to the information set forth in the preceding sentence, with respect to each the Servicer’s Certificate shall also contain the following information: (a) the Delinquency Ratio, Monthly Extension Rate and Cumulative Net Loss Ratio (as such terms are defined herein or in the Spread Account Agreement) for the related Collection Period, ; (b) whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is deemed cured as of such Determination Date; and (d) whether to the knowledge of the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filedInsurance Agreement Event of Default has occurred.
Appears in 2 contracts
Samples: Sale and Servicing (UPFC Auto Receivables Corp.), Sale and Servicing (UPFC Auto Receivables Corp.)
Servicer’s Certificate. On or before No later than 12:00 noon New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying the Indenture Trustee, the Indenture Collateral Agent, the Indenture Trustee Letter of Credit Provider and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s Certificate substantially in the form of Exhibit A heretocontaining, containing among other things, (i) the all information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and enable the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be any withdrawal and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) deposit required by Rule 4(c)(2)(iiSections 5.6(a) of and 5.6(b), to give any notice required by Section 5.4 and to make the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered distributions required by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relatesSection 5.6, (ii) all information necessary to enable the identity Indenture Trustee to send the statements required by Section 5.8 to the Owner Trustee, the Noteholders, the Certificateholders, each Rating Agency and the Letter of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relatesCredit Provider, and (iii) a listing of all Receivables purchased during the related Monthly Period, identifying the Receivables so purchased, (iv) all information necessary to enable the Indenture Trustee to reconcile all deposits to, and withdrawals from, the Collection Account and the Spread Account for the related Monthly Period and Distribution Date, including the accounting required by Section 5.9, (v) the amount of Covered Amounts (as defined in the Servicer Deposit Support Agreement) to be deposited to the Collection Account for the related Distribution Date pursuant to the Servicer Deposit Support Agreement, (vi) all information necessary to enable the Owner Trustee to make the distribution required by the Trust Agreement, (vii) a statement of the then current long-term rating and short-term rating of the Representative maintained by each Rating Agency and (viii) a statement setting forth the number of modifications, extensions or deferrals granted by the Servicer during the prior calendar month and the aggregate principal balance as of the end of the related Monthly Period of all Contracts on which an extension, deferral or modification has been granted by the Servicer during the prior calendar month pursuant to Section 4.2(b) herein. Receivables purchased by the Servicer, the Depositor or the Representative and each Receivable which became a Liquidated Receivable or which was paid in full during the related Monthly Period shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of ReceivablesA hereto). In addition, with respect A copy of such certificate may be obtained by any Noteholder or Certificateholder by a request in writing to each Collection Period, the Servicer will prepare and file, Indenture Trustee addressed to the Corporate Trust Office or cause from the Servicer. Neither the Indenture Trustee nor the Owner Trustee shall be under any obligation to be filed, a Form ABS-EE (including an asset data file and asset-related document containing confirm or reconcile the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect provided pursuant to such Collection Period is required to be filedSection 4.9(a)(iv).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Franklin Auto Trust 2007-1), Sale and Servicing Agreement (Franklin Auto Trust 2006-1)
Servicer’s Certificate. On or before No later than 10:00 a.m. Eastern time on the 3rd Business Day prior to each Determination Distribution Date, the Servicer shall deliver (which facsimile delivery may be made by means of electronic mailbeing acceptable) to the Trustee, the Owner Trustee, each Paying the Trust Collateral Agent, the Indenture Trustee Collateral Agent, the Backup Servicer, the Designated Backup Subservicer, the Insurer and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trust Collateral Agent to make any withdrawal and deposit required by Section 5.5 and to make the payments to be made on the related Payment Datedistributions required by Section 5.7(b), (ii) a statement listing of all Purchased Receivables and Sold Receivables purchased by the Servicer or sold by the Trust as to whether or not a Delinquency Trigger has occurred in respect of the related Collection PeriodAccounting Date, together with reasonably detailed calculations thereofidentifying the Receivables so purchased by the Servicer or sold by the Trust, (iii) the all information necessary for to enable the Owner Trustee and Backup Servicer (or the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or IndentureDesignated Backup Subservicer, as the case may be and be) to verify the items specified in Section 4.13(a)(iii), (iv) in all information necessary to enable the case of Trust Collateral Agent to send the Servicer’s Certificate related statements to Noteholders and the first Collection PeriodInsurer required by Section 5.10, and (v) all information necessary to enable the Trust Collateral Agent to reconcile the aggregate cash flows, the disclosure (if any) Collection Account for the related Collection Period and Distribution Date, including the accounting required by Rule 4(c)(2)(ii) of the Credit Risk Retention RulesSection 5.10. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered Receivables purchased by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or by the Seller on the related Accounting Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the related Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In additionaddition to the information set forth in the preceding sentence, with respect the Servicer’s Certificate shall also contain the following information: (a) the Delinquency Ratio, Monthly Extension Rate and Cumulative Net Loss Ratio (as such terms are defined herein or in the Spread Account Agreement) and the number of Receivables that have been subject to each mechanical re-writes for the related Collection Period, ; (b) whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is deemed cured as of such Determination Date; (d) whether to the knowledge of the Servicer will prepare an Insurance Agreement Event of Default has occurred; and file(e) if any branches have been closed, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing specifying the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filedclosed branches.
Appears in 2 contracts
Samples: Sale and Servicing (UPFC Auto Receivables Trust 2006-A), Sale and Servicing (UPFC Auto Receivables Trust 2007-A)
Servicer’s Certificate. On or before each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agent, the Indenture Trustee and the Seller, and shall make available to the Rating Agencies, a Servicer’s Certificate substantially in the form of Exhibit A hereto, containing (i) the information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of Receivables). In addition, with respect to each Collection Period, the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filed.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2017-a Owner Trust), Form of Sale and Servicing Agreement (Toyota Auto Receivables 2017-a Owner Trust)
Servicer’s Certificate. On or before each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agent, the Indenture Trustee and the Seller, and shall make available to the Rating Agencies, a Servicer’s Certificate substantially in the form of Exhibit A hereto, containing (i) the information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, and (iii) the information necessary for the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rulesbe. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of Receivables). In addition, with respect to each Collection Period, the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filed.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC), Form of Sale and Servicing Agreement (Toyota Auto Receivables 2016-D Owner Trust)
Servicer’s Certificate. On or before each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agent, the Indenture Trustee and the Seller, and shall make available to the Rating Agencies, a Servicer’s Certificate substantially in the form of Exhibit A hereto, containing (i) the information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) [4(c)(1)(ii)][4(c)(2)(ii)] of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of Receivables). In addition, with respect to each Collection Period, the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filed.
Appears in 2 contracts
Samples: Form of Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC), Form of Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)
Servicer’s Certificate. On or before No later than 10:00 am. New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Trustee, the Owner Trustee, each Paying the Trust Collateral Agent, the Indenture Trustee Backup Servicer, the Insurer, the Collateral Agent and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trust Collateral Agent to make any withdrawal and deposit required by Section 5.5, to give any notice required by Section 5.5(b) and to make the payments to be made on the related Payment Datedistributions required by Sections 5.7, (ii) a statement as all information necessary to whether or not a Delinquency Trigger has occurred in respect of enable the related Collection Period, together with reasonably detailed calculations thereofTrust Collateral Agent to send the statements to Noteholders and the Insurer required by Section 5.10, (iii) a listing of all Warranty Receivables and Administrative Receivables purchased as of the information necessary for related Determination Date, identifying the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be Receivables so purchased and (iv) in all information necessary to enable the case of the Servicer’s Certificate related Trust Collateral Agent to the first Collection Periodreconcile all deposits to, and withdrawals from, the disclosure (if any) Collection Account for the related Collection Period and Distribution Date, including the accounting required by Rule 4(c)(2)(ii) of the Credit Risk Retention RulesSection 5.10. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered Receivables purchased by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or by the Seller on the related Determination Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the related Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate shall also contain the following information: (a) the Delinquency Ratio, Average Delinquency Ratio, Cumulative Default Ratio and file, or cause to be filed, a Form ABS-EE Cumulative Net Loss Ratio (including an asset data file and asset-related document containing as such terms are defined in the asset-level information for each Receivable Spread Account Agreement) for such Collection PeriodDetermination Date; (b) on or before whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is deemed cured as of such Determination Date; and (d) whether to the date on which knowledge of the Form 10-D with respect to such Collection Period is required to be filedServicer an Insurance Agreement Event of Default has occurred.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Americredit Financial Services Inc)
Servicer’s Certificate. On or before No later than 10:00 a.m. New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner TrusteeIssuer, each Paying the Placement Agent, the Indenture Trustee Trustee, the Backup Servicer, the Security Insurer, the Collateral Agent and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trustee to make any withdrawal and deposit required by Section 5.1, to give any notice required by Section 5.1(b), to make the payments to be made on the related Payment Datedistributions required by Section 4.6, (ii) a statement as all information necessary to whether or not a Delinquency Trigger has occurred in respect of enable the related Collection Period, together with reasonably detailed calculations thereofTrustee to send the statements to Noteholders and the Security Insurer required by Section 4.8, (iii) a listing of all Warranty Receivables and Administrative Receivables purchased as of the information necessary for related Deposit Date, identifying the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be Receivables so purchased and (iv) all information necessary to enable the Trustee to reconcile all deposits to, and withdrawals from, the Collection Account for the related Monthly Period and Payment Date. Receivables purchased by the Servicer on the related Deposit Date and each Receivable which became a Liquidated Receivable or which was paid in full during the related Monthly Period shall be identified by account number (as set forth in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of Receivables). In addition, with respect The Trustee shall deliver a copy of such certificate to each Collection PeriodNoteholder. In addition to the information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate delivered to the Security Insurer, the Placement Agent, the Collateral Agent and filethe Trustee on the Determination Date shall also contain the following information: (a) the Delinquency Ratio, or cause to be filedAverage Delinquency Ratio, a Form ABS-EE (including an asset data file Repossessed Inventory Receivables Ratio, Average Repossessed Inventory Receivables Ratio, Net Loss Ratio and asset-related document containing the asset-level information for each Receivable Average Net Loss Ratio for such Collection PeriodDetermination Date; (b) on or before whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured as of such Determination Date; and (d) whether to the date on which knowledge of the Form 10-D with respect to such Collection Period is required to be filedServicer an Insurance Agreement Event of Default has occurred.
Appears in 1 contract
Samples: Sale and Servicing Agreement (First Enterprise Financial Group Inc)
Servicer’s Certificate. On or before No later than 9:00 am. Minneapolis time on each Determination Date, the Servicer shall deliver (which facsimile delivery may be made by means of electronic mailbeing acceptable) to the Owner Trustee, each Paying Agentthe Insurer, the Indenture Trustee and the Seller, and shall make available to the Rating Agencies, the Agent and the Purchaser, a Servicer’s 's Certificate substantially in the form of Exhibit A heretocontaining among other things, containing (i) the all information necessary to make enable the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be any withdrawal and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) deposit required by Rule 4(c)(2)(ii) of SECTION 5.5 and to make the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered distributions required by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relatesSECTION 5.7, (ii) the identity total number of any Receivable Files held (in respect of which payment whole or in part) by the Servicer rather than the Trustee at the end of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relatesapplicable Accrual Period, and (iii) all information necessary for the Trustee to send statements to the Noteholder and the Insurer pursuant to SECTION 5.8(B) and 5.9, (iv) a listing of all Purchased Receivables purchased as of the related Accounting Date, identifying the Receivables so purchased, (v) the calculation of the CPS Borrowing Base and the TFC Borrowing Base and (vi) all information necessary to enable the Backup Servicer to verify the information specified in SECTION 4.14(B) and to complete the accounting required by SECTION 5.9, including, to the extent necessary, a breakdown of the information relating to the CPS Receivables and the TFC Receivables. Receivables purchased by the Servicer or by the Seller from the Purchaser in accordance with this Agreement by the related Accounting Date and each Receivable which became a Liquidated Receivable or which was paid in full during the related Accrual Period shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare and fileServicer's Certificate shall also state whether to the knowledge of the Servicer, or cause to be filedan Insurance Agreement Event of Default, an Insurance Agreement Indenture Cross Default, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on Servicer Termination Event, a Funding Termination Event or before the date on which the Form 10-D with respect to such Collection Period is required to be fileda TFC Funding Termination Event has occurred.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)
Servicer’s Certificate. On or before (a) No later than 10:00 a.m. New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agentthe Indenture Trustee, the Indenture Trustee Backup Servicer, JPMD and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing, containing among other things, (i) the all information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and enable the Indenture Trustee to make available on its website the distributions required by Section 4.6 and to determine the amount to which the Servicer is entitled to be reimbursed or has been reimbursed during the related Monthly Period for Monthly Advances pursuant to Section 4.4(d), (ii) all information necessary to enable the Indenture Trustee to send the statements to Noteholders, Certificateholders and JPMD required by Section 4.9, (iii) a listing of all Warranty Receivables and Administrative Receivables purchased as of the Securityholders pursuant to related Deposit Date, identifying the Trust Agreement or Indenture, as the case may be Receivables so purchased and (iv) in the case of the Servicer’s Certificate related all information necessary to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and enable the Indenture Trustee specifying (i) to reconcile all deposits to, and withdrawals from, the identity of any Receivable that Collection Account for the related Monthly Period and Distribution Date, including the accounting required by Section 4.8. Receivables purchased by the Servicer or by the Seller or OFL on the related Deposit Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the Collection related Monthly Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). A copy of such certificate may be obtained by any Certificateholder or Noteholder (or by a Certificate Owner or Note Owner, upon certification that such Person is a Certificate Owner or Note Owner and payment of any expenses associated with the distribution thereof) by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate delivered to the Indenture Trustee and fileJPMD on the Determination Date shall also contain the following information: (a) the Delinquency Ratio, or cause to be filedPortfolio Loss Ratio, a Form ABS-EE (including an asset data file Warehousing Loss Ratio and asset-related document containing the asset-level information for each Receivable Average Net Excess Spread Percentage for such Collection PeriodDetermination Date; (b) on whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured as of such Determination Date; (d) whether to the knowledge of the Servicer a Purchase Termination Event or before the date on which the Form 10-D with respect Servicer Termination Event has occurred; and (e) such other information as JPMD requests from time to such Collection Period is required to be filedtime.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Olympic Financial LTD)
Servicer’s Certificate. On or before No later than 10:00 am. New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Trustee, the Owner Trustee, each Paying the Trust Collateral Agent, the Indenture Trustee Backup Servicer, the Insurer, the Collateral Agent and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trust Collateral Agent to make any withdrawal and deposit required by Section 5.5, to give any notice required by Section 5.5(b) and to make the payments to be made on the related Payment Datedistributions required by Sections 5.7, (ii) a statement as all information necessary to whether or not a Delinquency Trigger has occurred in respect of enable the related Collection Period, together with reasonably detailed calculations thereofTrust Collateral Agent to send the statements to Securityholders and the Insurer required by Section 5.11, (iii) a listing of all Warranty Receivables and Administrative Receivables purchased as of the information necessary for related Determination Date, identifying the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be Receivables so purchased and (iv) in all information necessary to enable the case of the Servicer’s Certificate related Trust Collateral Agent to the first Collection Periodreconcile all deposits to, and withdrawals from, the disclosure (if any) Collection Account for the related Collection Period and Distribution Date, including the accounting required by Rule 4(c)(2)(ii) of the Credit Risk Retention RulesSection 5.11. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered Receivables purchased by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or by the Seller on the related Determination Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the related Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate shall also contain the following information: (a) the Delinquency Ratio, Average Delinquency Ratio, Cumulative Default Ratio and file, or cause to be filed, a Form ABS-EE Cumulative Net Loss Ratio (including an asset data file and asset-related document containing as such terms are defined in the asset-level information for each Receivable Spread Account Agreement) for such Collection PeriodDetermination Date; (b) on or before whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is deemed cured as of such Determination Date; and (d) whether to the date on which knowledge of the Form 10-D with respect to such Collection Period is required to be filedServicer an Insurance Agreement Event of Default has occurred.
Appears in 1 contract
Samples: Sale and Servicing (Americredit Financial Services Inc)
Servicer’s Certificate. On or before No later than 12:00 noon New York City ---------------------- time on each Determination Date, the Servicer shall deliver (which delivery may deliver, or cause to be made by means of electronic mail) delivered, to the Trustee, the Owner Trustee, each Paying the Trust Collateral Agent, the Indenture Trustee Backup Servicer, the Insurer, the Noteholders and the Seller, and shall make available to the Rating AgenciesAgency, a Servicer’s 's Certificate substantially in executed by a responsible officer or agent of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trustee to make any withdrawal and deposit required by Section 5.5, to give any notice required by Section 5.5(b) and to make the payments to be made on the related Payment Datedistributions required by Section 5.7, (ii) a statement as all information to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee be provided to Noteholders and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required Insurer specified by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, Section 5.11 and (iii) a listing of all receivables repurchased by the Servicer or by the Seller on the related Deposit Date and each Receivable which became a Liquidated Receivable or which was paid in full during the related Monthly Period, identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate shall also contain the following information: (a) the Delinquency Ratio, Average Delinquency Ratio and file, or cause to be filed, a Form ABS-EE Cumulative Net Loss Rate (including an asset data file and asset-related document containing as such terms are defined in the asset-level information for each Receivable Insurance Agreement) for such Collection PeriodDetermination Date; (b) on whether to the knowledge of the Servicer any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured as of such Determination Date; (d) whether to the knowledge of the Servicer an Insurance Agreement Event of Default has occurred; and (e) such other information reasonably requested by the Insurer or before the date on which the Form 10-D with respect to Noteholders; provided, however, that such Collection Period is information shall only be required to be filedincluded -------- ------- in the Servicer's Certificate on any Determination Date to the extent the request therefor is received by the Servicer on or prior to twenty (20) Business Days preceding such Determination Date.
Appears in 1 contract
Servicer’s Certificate. On or before No later than 10:00 a.m. Eastern time on each Determination Date, the Servicer shall deliver (which e-mail or facsimile delivery may be made by means of electronic mailbeing acceptable) to the Trustee, the Owner Trustee, each Paying the Trust Collateral Agent, the Indenture Trustee Backup Servicer, the Agents and the Seller, and shall make available to the Rating Agencies, Administrative Agent a Servicer’s Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trust Collateral Agent to make any withdrawal and deposit required by Section 5.4 and to make the payments to be made on the related Payment Datedistributions required by Section 5.5, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect listing of all Purchased Receivables and Administrative Receivables purchased during the related Collection Period, together with reasonably detailed calculations thereof, (iii) identifying the information necessary for the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relatesReceivables so purchased, and (iii) all information necessary to enable the Trust Collateral Agent to reconcile the aggregate cash flows, the Collection Account for the related Collection Period and Distribution Date. Receivables purchased by the Servicer or by the Seller during the related Collection Period and each Receivable which became a Liquidated Receivable or which was paid in full during the related Collection Period shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer’s Certificate shall also contain the following information: (a) the Prime Receivables Delinquency Ratio, the Near-Prime Receivables Delinquency Ratio, the Prime Receivables Loss Ratio and file, or cause to be filed, a Form ABSthe Near-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable Prime Receivables Loss Ratio for such Collection PeriodDetermination Date; (b) on whether any Default or before Event of Default has occurred as of such Determination Date; and (c) whether any Default or Event of Default that may have occurred as of a prior Determination Date is deemed cured as of such Determination Date. Any Noteholder shall be entitled to notify the date on which the Form 10-D with respect to such Collection Period is required to be filedServicer of any error it discovers in any Servicer’s Certificate.
Appears in 1 contract
Servicer’s Certificate. On or before By 4 p.m. EST on the Determination Date in each Determination Datecalendar month, the Servicer shall deliver (which delivery may be made by means of electronic mail) to to, without duplication, the Owner Trustee, each Paying Trust Collateral Agent, the Indenture Trustee Note Insurer, the Master Servicer, the Underwriters and the Seller, and shall make available to the Rating AgenciesBack-up Servicer, a Servicer’s 's Certificate substantially in the form of Exhibit A hereto, B hereto containing (i) the all information necessary to make the payments transfers, deposits and distributions pursuant to be made on Sections 5.05 through 5.15 hereof for the related Payment Date, (ii) a statement Collection Period immediately preceding the date of such Servicer's Certificate and as to whether or not a Delinquency Trigger has occurred in respect of the related last day of such Collection Period, together with reasonably detailed calculations thereof, (iii) the and all information necessary (including whether a Trigger Event or Event of Default under the Insurance Agreement has occurred) for the Owner Trustee Trust Collateral Agent to send statements to Noteholders and the Indenture Trustee to make available on its website statements to the Securityholders Note Insurer pursuant to Section 5.15 hereof. Receivables purchased by the Trust Agreement or Indenture, as the case may shall be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required identified by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the Obligor's account number of the Obligor of any and certain other information with respect to such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of ReceivablesA to this Agreement). In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate shall also contain the following information: (a) the Delinquency Ratio, Average Delinquency Rate, Cumulative Default Rate and fileCumulative Net Loss Rate, or cause to be filed, a Form ABS-EE Average Default Rate and Average Net Loss Rate (including an asset data file and asset-related document containing as such terms are defined in the asset-level information for each Receivable Insurance Agreement) for such Collection PeriodDetermination Date; (b) on or before whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured (as such term is defined in the date on which Insurance Agreement) as of such Determination Date; and (d) whether to the Form 10-D with respect to such Collection Period is required to be filedknowledge of the Servicer an Insurance Agreement Event of Default has occurred.
Appears in 1 contract
Samples: Sale and Servicing Agreement (United Fidelity Finance LLC)
Servicer’s Certificate. On or before No later than 12:00 noon, New York City time, on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Indenture Trustee, each Paying Agentthe Backup Servicer, the Indenture Trustee Insurer and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing, containing among other things, (i) the all information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and enable the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be any withdrawal and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) deposit required by Rule 4(c)(2)(iiSECTION 5.1, and to make the distributions required by SECTIONS 4.6, and 4.7 (ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) all information necessary to the Owner Trustee and enable the Indenture Trustee specifying to send the statements required by SECTION 4.10 to Noteholders and the Insurer, and (iiii) all information necessary to enable the identity of any Receivable that Indenture Trustee to reconcile all deposits to, and withdrawals from, the Collection Account for the related Collection Period and Payment Date, including the accounting required by SECTION 4.9. Receivables purchased, repurchased or replaced by the Servicer or the Seller on or before the related Accounting Date and each Receivable that became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, was paid in either case full during the related Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate shall also contain the following information: (a) the Delinquency Ratio, the Cumulative Default Rate and file, or cause to be filed, a Form ABS-EE the Cumulative Net Loss Rate (including an asset data file and asset-related document containing as such terms are defined in the asset-level information for each Receivable Reserve Account Agreement) for such Collection PeriodDetermination Date; (b) on or before whether to the date on which knowledge of the Form 10-D with respect Servicer any Trigger Event (as such term is defined in the Insurance Agreement) has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is deemed cured as of such Determination Date; and (d) whether to the knowledge of the Servicer an Insurance Agreement Event of Default has occurred. A copy of such Collection Period is required certificate may be obtained by any Noteholder by a request in writing to be filedthe Indenture Trustee addressed to the Corporate Trust Office.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Triad Financial Corp)
Servicer’s Certificate. On or before No later than 12:00 noon New York ---------------------- City time on each Determination Date, the Servicer shall deliver (which delivery may deliver, or cause to be made by means of electronic mail) delivered, to the Trustee, the Owner Trustee, each Paying the Trust Collateral Agent, the Indenture Trustee Back-up Servicer, the Insurer, the Noteholders and the Seller, and shall make available to the Rating AgenciesAgency, a Servicer’s 's Certificate substantially in executed by a responsible officer or agent of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trustee to make any withdrawal and deposit required by Section 5.5, to give any notice required by Section 5.5(b) and to make the payments to be made on the related Payment Datedistributions required by Section 5.7, (ii) a statement as all information to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee be provided to Noteholders and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required Insurer specified by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, Section 5.11 and (iii) a listing of all receivables repurchased by the Servicer or by the Seller on the related Deposit Date and each Receivable which became a Liquidated Receivable or which was paid in full during the related Monthly Period shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate shall also contain the following information: (a) the Delinquency Ratio, Average Delinquency Ratio and file, or cause to be filed, a Form ABS-EE Cumulative Net Loss Rate (including an asset data file and asset-related document containing as such terms are defined in the asset-level information for each Receivable Insurance Agreement) for such Collection PeriodDetermination Date; (b) on whether to the knowledge of the Servicer any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured as of such Determination Date; (d) whether to the knowledge of the Servicer an Insurance Agreement Event of Default has occurred; and (e) such other information reasonably requested by the Insurer or before the date on which the Form 10-D with respect to Noteholders; provided, -------- however, that such Collection Period is information shall only be required to be filedincluded in the ------- Servicer's Certificate on any Determination Date to the extent the request therefor is received by the Servicer on or prior to twenty (20) Business Days preceding such Determination Date.
Appears in 1 contract
Servicer’s Certificate. On or before No later than 12:00 noon, New York City time, on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Indenture Trustee, each Paying Agentthe Backup Servicer, the Indenture Trustee Insurer and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing, containing among other things, (i) the all information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and enable the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be any withdrawal and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) deposit required by Rule 4(c)(2)(iiSection 5.1, and to make the distributions required by Sections 4.6, and 4.7 (ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) all information necessary to the Owner Trustee and enable the Indenture Trustee specifying to send the statements required by Section 4.10 to Noteholders and the Insurer, and (iiii) all information necessary to enable the identity of any Receivable that Indenture Trustee to reconcile all deposits to, and withdrawals from, the Collection Account for the related Collection Period and Payment Date, including the accounting required by Section 4.9. Receivables purchased, repurchased or replaced by the Servicer or the Seller on or before the related Accounting Date and each Receivable that became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, was paid in either case full during the related Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate shall also contain the following information: (a) the Delinquency Ratio, the Cumulative Default Rate and file, or cause to be filed, a Form ABS-EE the Cumulative Net Loss Rate (including an asset data file and asset-related document containing as such terms are defined in the asset-level information for each Receivable Class A Reserve Account Agreement) for such Collection PeriodDetermination Date; (b) on or before whether to the date on which knowledge of the Form 10-D with respect Servicer any Trigger Event (as such term is defined in the Insurance Agreement) has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is deemed cured as of such Determination Date; and (d) whether to the knowledge of the Servicer an Insurance Agreement Event of Default has occurred. A copy of such Collection Period is required certificate may be obtained by any Noteholder by a request in writing to be filedthe Indenture Trustee addressed to the Corporate Trust Office.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Asset Backed Securities Corp)
Servicer’s Certificate. On or before No later than 12:00 noon New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agentthe Indenture Administrator, the Indenture Trustee Trustee, the Indenture Collateral Agent, [the Letter of Credit Provider] and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s Certificate substantially in the form of Exhibit A heretocontaining, containing among other things, (i) the all information necessary to enable the Indenture Trustee or the Indenture Administrator to make any withdrawal and deposit required by Sections 5.6(a) and 5.6(b), to give any notice required by Section 5.4 and to make the payments to be made on the related Payment Datedistributions required by Section 5.6, (ii) a statement as all information necessary to whether or not a Delinquency Trigger has occurred in respect enable the Indenture Administrator to send the statements required by Section 5.8 to the Owner Trustee, the Noteholders, the Certificateholders, each Rating Agency [and the Letter of the related Collection Period, together with reasonably detailed calculations thereofCredit Provider], (iii) a listing of all Receivables purchased during the related Monthly Period, identifying the Receivables so purchased, (iv) all information necessary to enable the Indenture Administrator to reconcile all deposits to, and withdrawals from, the Collection Account and the Spread Account for the related Monthly Period and Distribution Date, including the accounting required by Section 5.9, (v) the amount of Covered Amounts (as defined in the Servicer Deposit Support Agreement) to be deposited to the Collection Account for the related Distribution Date pursuant to the Servicer Deposit Support Agreement, (vi) all information necessary to enable the Owner Trustee to make the distribution required by the Trust Agreement, (vii) a statement of the then current long-term rating and short-term rating of the Representative maintained by each Rating Agency and (viii) a statement setting forth the number of modifications, extensions or deferrals granted by the Servicer during the prior calendar month and the aggregate principal balance as of the end of the related Monthly Period of all Contracts on which an extension, deferral or modification has been granted by the Servicer during the prior calendar month pursuant to Section 4.2(b) herein. Receivables purchased by the Servicer, the Depositor or the Representative and each Receivable which became a Liquidated Receivable or which was paid in full during the related Monthly Period shall be identified by account number (as set forth in Schedule A hereto). A copy of such certificate may be obtained by any Noteholder or Certificateholder by a request in writing to the Indenture Trustee to make available on its website statements addressed to the Securityholders pursuant to Corporate Trust Office, the Trust Agreement Indenture Administrator or Indenture, as from the case may be and (iv) in the case Servicer. None of the Servicer’s Certificate related to the first Collection PeriodIndenture Trustee, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On Indenture Administrator or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and shall be under any obligation to confirm or reconcile the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated information provided pursuant to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of ReceivablesSection 4.9(a)(iv). In addition, with respect to each Collection Period, the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filed.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Franklin Receivables LLC)
Servicer’s Certificate. On or before each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agent, the Indenture Trustee and the Seller, and shall make available to the Rating Agencies, a Servicer’s Certificate substantially in the form of Exhibit A hereto, containing (i) the information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) [4(c)(1)(ii)][4(c)(2)(ii)] of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of Receivables). [If applicable, disclose information regarding any Benchmark replacement to be included in the Servicer’s Certificate.] In addition, with respect to each Collection Period, the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filed.
Appears in 1 contract
Samples: Form of Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)
Servicer’s Certificate. On or before No later than 10:00 a.m. New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner TrusteeIssuer, each Paying the Placement Agent, the Indenture Trustee Trustee, the Backup Servicer, the Security Insurer, the Collateral Agent and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trustee to make any withdrawal and deposit required by Section 5.1, to give any notice required by Section 5.1(b), to make the payments to be made on the related Payment Datedistributions required by Section 4.6, (ii) a statement as all information necessary to whether or not a Delinquency Trigger has occurred in respect of enable the related Collection Period, together with reasonably detailed calculations thereofTrustee to send the statements to Noteholders and the Security Insurer required by Section 4.8, (iii) a listing of all Warranty Receivables and Administrative Receivables purchased as of the information necessary for related Deposit Date, identifying the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be Receivables so purchased and (iv) all information necessary to enable the Trustee to reconcile all deposits to, and withdrawals from, the Collection Account for the related Monthly Period and Payment Date, including the accounting required by Section 4.8. Receivables purchased by the Servicer on the related Deposit Date and each Receivable which became a Liquidated Receivable or which was paid in full during the related Monthly Period shall be identified by account number (as set forth in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of Receivables). In addition, with respect The Trustee shall deliver a copy of such certificate to each Collection PeriodNoteholder. In addition to the information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate delivered to the Security Insurer, the Placement Agent, the Collateral Agent and filethe Trustee on the Determination Date shall also contain the following information: (a) the Delinquency Ratio, or cause to be filedAverage Delinquency Ratio, a Form ABS-EE (including an asset data file Repossessed Inventory Receivables Ratio, Average Repossessed Inventory Receivables Ratio, Net Loss Ratio and asset-related document containing the asset-level information for each Receivable Average Net Loss Ratio for such Collection PeriodDetermination Date; (b) on or before whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured as of such Determination Date; and (d) whether to the date on which knowledge of the Form 10-D with respect to such Collection Period is required to be filedServicer an Insurance Agreement Event of Default has occurred.
Appears in 1 contract
Samples: Sale and Servicing Agreement (First Enterprise Financial Group Inc)
Servicer’s Certificate. On or before No later than 10:00 a.m. Eastern time on the 3rd Business Day prior to each Determination Distribution Date, the Servicer shall deliver (which facsimile delivery may be made by means of electronic mailbeing acceptable) to the Trustee, the Owner Trustee, each Paying the Trust Collateral Agent, the Indenture Trustee Collateral Agent, the Backup Servicer, the Designated Backup Subservicer, the Insurer and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trust Collateral Agent to make any withdrawal and deposit required by Section 5.5 and to make the payments to be made on the related Payment Datedistributions required by Section 5.7(b), (ii) a statement listing of all Purchased Receivables and Sold Receivables purchased by the Servicer or sold by the Trust as to whether or not a Delinquency Trigger has occurred in respect of the related Collection PeriodAccounting Date, together with reasonably detailed calculations thereofidentifying the Receivables so purchased by the Servicer or sold by the Trust, (iii) the all information necessary for to enable the Owner Trustee and Backup Servicer (or the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or IndentureDesignated Backup Subservicer, as the case may be and be) to verify the items specified in Section 4.13(a)(iii), (iv) in all information necessary to enable the case of Trust Collateral Agent to send the Servicer’s Certificate related statements to Noteholders and the first Collection PeriodInsurer required by Section 5.10, and (v) all information necessary to enable the Trust Collateral Agent to reconcile the aggregate cash flows, the disclosure (if any) Collection Account for the related Collection Period and Distribution Date, including the accounting required by Rule 4(c)(2)(ii) of the Credit Risk Retention RulesSection 5.10. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered Receivables purchased by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or by the Seller on the related Accounting Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the related Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In additionaddition to the information set forth in the preceding sentence, with respect to each the Servicer’s Certificate shall also contain the following information: (a) the Delinquency Ratio, Monthly Extension Rate and Cumulative Net Loss Ratio (as such terms are defined herein or in the Spread Account Agreement) for the related Collection Period, ; (b) whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is deemed cured as of such Determination Date; (d) whether to the knowledge of the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filedInsurance Agreement Event of Default has occurred.
Appears in 1 contract
Samples: Sale and Servicing (UPFC Auto Receivables Trust 2006-B)
Servicer’s Certificate. On or before No later than 10:00 a.m. Eastern time on the 3rd Business Day prior to each Determination Distribution Date, the Servicer shall deliver (which facsimile delivery may be made by means of electronic mailbeing acceptable) to the Trustee, the Owner Trustee, each Paying the Trust Collateral Agent, the Indenture Trustee Collateral Agent, the Backup Servicer, the Designated Backup Subservicer, the Insurer and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trust Collateral Agent to make any withdrawal and deposit required by Section 5.5 and to make the payments to be made on the related Payment Datedistributions required by Section 5.7(b), (ii) a statement listing of all Purchased Receivables and Sold Receivables purchased by the Servicer or sold by the Trust as to whether or not a Delinquency Trigger has occurred in respect of the related Collection PeriodAccounting Date, together with reasonably detailed calculations thereofidentifying the Receivables so purchased by the Servicer or sold by the Trust, (iii) the all information necessary for to enable the Owner Trustee and Backup Servicer (or the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or IndentureDesignated Backup Subservicer, as the case may be and be) to verify the items specified in Section 4.13(a)(iii), (iv) in all information necessary to enable the case of Trust Collateral Agent to send the Servicer’s Certificate related statements to Holders and the first Collection PeriodInsurer required by Section 5.10, and (v) all information necessary to enable the Trust Collateral Agent to reconcile the aggregate cash flows, the disclosure (if any) Collection Account for the related Collection Period and Distribution Date, including the accounting required by Rule 4(c)(2)(ii) of the Credit Risk Retention RulesSection 5.10. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered Receivables purchased by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or by the Seller on the related Accounting Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the related Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In additionaddition to the information set forth in the preceding sentence, with respect to each the Servicer’s Certificate shall also contain the following information: (a) the Delinquency Ratio, Monthly Extension Rate and Cumulative Net Loss Ratio (as such terms are defined herein or in the Spread Account Agreement) for the related Collection Period, ; (b) whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is deemed cured as of such Determination Date; (d) whether to the knowledge of the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filedInsurance Agreement Event of Default has occurred.
Appears in 1 contract
Samples: Sale and Servicing Agreement (UPFC Auto Receivables Trust 2007-B)
Servicer’s Certificate. On or before No later than 10:00 a.m. New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agentthe Indenture Trustee, the Indenture Trustee Backup Servicer, the Security Insurer, the Collateral Agent and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing, containing among other things, (i) the all information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and enable the Indenture Trustee to make available on its website any withdrawal and deposit required by Section 5.1, to give any notice required by Section 5.2, to make the distributions required by Sections 4.6 and 4.7(b), to make the withdrawals, distributions and deliveries required by Section 4.7(a) and to determine the amount to which the Servicer is entitled to be reimbursed or has been reimbursed during the related Monthly Period for Monthly Advances pursuant to Section 4.4(c), (ii) all information necessary to enable the Indenture Trustee to send the statements to Noteholders and Certificateholders required by Section 4.9, (iii) a listing of all Warranty Receivables and Administrative Receivables purchased as of the Securityholders pursuant to related Deposit Date, identifying the Trust Agreement or IndentureReceivables so purchased, as the case may be and (iv) in the case of the Servicer’s Certificate related all information necessary to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and enable the Indenture Trustee specifying (i) to reconcile all deposits to, and withdrawals from, the identity of any Receivable that Collection Account for the related Monthly Period and Distribution Date, including the accounting required by Section 4.8. Receivables purchased by the Servicer or by the Seller or OFL on the related Deposit Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the Collection related Monthly Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). A copy of such certificate may be obtained by any Certificateholder or Noteholder (or by a Certificate Owner or Note Owner, upon certification that such Person is a Certificate Owner or Note Owner and payment of any expenses associated with the distribution thereof) by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate delivered to the Security Insurer, the Collateral Agent and filethe Indenture Trustee on the Determination Date shall also contain the following information: (a) the Delinquency Ratio, or cause to be filedAverage Delinquency Ratio, a Form ABS-EE (including an asset data file Cumulative Default Rate and asset-related document containing the asset-level information for each Receivable Cumulative Net Loss Rate for such Collection PeriodDetermination Date; (b) on or before whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured as of such Determination Date; (d) whether to the date on which knowledge of the Form 10-D Servicer an Insurance Agreement Event of Default has occurred, (e) if OFL shall be the Servicer, whether a Capture Event shall have occurred and be continuing, and (f) if OFL shall be the Servicer, whether any Capture Event specified in any prior Servicer's Certificate has been cured by a permanent waiver, effective in accordance with respect to such Collection Period is required to be filedthe terms of the Purchase Agreements.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Olympic Receivables Finance Corp)
Servicer’s Certificate. On or before No later than 12:00 noon New York ---------------------- City time on each Determination Date, the Servicer shall deliver (which delivery may deliver, or cause to be made by means of electronic mail) delivered, to the Trustee, the Owner Trustee, each Paying the Trust Collateral Agent, the Indenture Trustee Back-up Servicer, the Insurer, the Noteholders and the Seller, and shall make available to the Rating Agencies, a Servicer’s 's Certificate substantially in executed by a responsible officer or agent of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trustee to make any withdrawal and deposit required by Section 5.5, to give any notice required by Section 5.5(b) and to make the payments to be made on the related Payment Datedistributions required by Section 5.7, (ii) a statement as all information to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee be provided to Noteholders and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required Insurer specified by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, Section 5.11 and (iii) a listing of all receivables repurchased by the Servicer or by the Seller on the related Deposit Date and each Receivable which became a Liquidated Receivable or which was paid in full during the related Monthly Period shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate shall also contain the following information: (a) the Delinquency Ratio, Average Delinquency Ratio and file, or cause to be filed, a Form ABS-EE Cumulative Net Loss Rate (including an asset data file and asset-related document containing as such terms are defined in the asset-level information for each Receivable Insurance Agreement) for such Collection PeriodDetermination Date; (b) on whether to the knowledge of the Servicer any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured as of such Determination Date; (d) whether to the knowledge of the Servicer an Insurance Agreement Event of Default has occurred; and (e) such other information reasonably requested by the Insurer or before the date on which the Form 10-D with respect to Noteholders; provided, however, that such Collection Period is information shall only be required to be filedincluded -------- ------- in the Servicer's Certificate on any Determination Date to the extent the request therefor is received by the Servicer on or prior to twenty (20) Business Days preceding such Determination Date.
Appears in 1 contract
Servicer’s Certificate. On or before No later than 10:00 am. New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Issuer, the Trustee, each Paying Agentthe Backup Servicer, the Indenture Trustee Security Insurer, the Collateral Agent and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trustee to make any withdrawal and deposit required by Section 5.1, to give any notice required by Section 5.1(b), to make the payments to be made on the related Payment Datedistributions required by Sections 4.6, (ii) a statement as all information necessary to whether or not a Delinquency Trigger has occurred in respect of enable the related Collection Period, together with reasonably detailed calculations thereofTrustee to send the statements to Noteholders and the Security Insurer required by Section 4.8, (iii) a listing of all Warranty Receivables and Administrative Receivables purchased as of the information necessary for related Deposit Date, identifying the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be Receivables so purchased and (iv) in all information necessary to enable the case of the Servicer’s Certificate related Trustee to the first Collection Periodreconcile all deposits to, and withdrawals from, the disclosure (if any) Collection Account for the related Monthly Period and Distribution Date, including the accounting required by Rule 4(c)(2)(ii) of the Credit Risk Retention RulesSection 4.8. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered Receivables purchased by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or by the Seller or AFS on the related Deposit Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the Collection related Monthly Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). A copy of such certificate may be obtained by any Noteholder by a request in writing to the Trustee addressed to the Corporate Trust Office. In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate delivered to the Security Insurer, the Collateral Agent and filethe Trustee on the Determination Date shall also contain the following information: (a) the Delinquency Ratio, or cause to be filedAverage Delinquency Ratio, a Form ABS-EE (including an asset data file Default Ratio, Average Default Ratio, Net Loss Ratio and asset-related document containing the asset-level information for each Receivable Average Net Loss Ratio for such Collection PeriodDetermination Date; (b) on or before whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured as of such Determination Date; and (d) whether to the date on which knowledge of the Form 10-D with respect to such Collection Period is required to be filedServicer an Insurance Agreement Event of Default has occurred.
Appears in 1 contract
Servicer’s Certificate. On or before (a) No later than 12:00 noon New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying the Indenture Administrator, the Indenture Trustee, the Indenture Collateral Agent, the Indenture Trustee Letter of Credit Provider and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s Certificate substantially in the form of Exhibit A heretocontaining, containing among other things, (i) the all information necessary to enable the Indenture Trustee or the Indenture Administrator to make any withdrawal and deposit required by Sections 5.6(a) and 5.6(b), to give any notice required by Section 5.4 and to make the payments to be made on the related Payment Datedistributions required by Section 5.6, (ii) a statement as all information necessary to whether or not a Delinquency Trigger has occurred in respect enable the Indenture Administrator to send the statements required by Section 5.8 to the Owner Trustee, the Noteholders, the Certificateholders, each Rating Agency and the Letter of the related Collection Period, together with reasonably detailed calculations thereofCredit Provider, (iii) a listing of all Receivables purchased during the related Monthly Period, identifying the Receivables so purchased, (iv) all information necessary to enable the Indenture Administrator to reconcile all deposits to, and withdrawals from, the Collection Account and the Spread Account for the related Monthly Period and Distribution Date, including the accounting required by Section 5.9, (v) the amount of Covered Amounts (as defined in the Servicer Deposit Support Agreement) to be deposited to the Collection Account for the related Distribution Date pursuant to the Servicer Deposit Support Agreement, (vi) all information necessary to enable the Owner Trustee to make the distribution required by the Trust Agreement, (vii) a statement of the then current long-term rating and short-term rating of the Representative maintained by each Rating Agency and (viii) a statement setting forth the number of modifications, extensions or deferrals granted by the Servicer during the prior calendar month and the aggregate principal balance as of the end of the related Monthly Period of all Contracts on which an extension, deferral or modification has been granted by the Servicer during the prior calendar month pursuant to Section 4.2(b) herein. Receivables purchased by the Servicer, the Depositor or the Representative and each Receivable which became a Liquidated Receivable or which was paid in full during the related Monthly Period shall be identified by account number (as set forth in Schedule A hereto). A copy of such certificate may be obtained by any Noteholder or Certificateholder by a request in writing to the Indenture Trustee to make available on its website statements addressed to the Securityholders pursuant to Corporate Trust Office, the Trust Agreement Indenture Administrator or Indenture, as from the case may be and (iv) in the case Servicer. None of the Servicer’s Certificate related to the first Collection PeriodIndenture Trustee, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On Indenture Administrator or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and shall be under any obligation to confirm or reconcile the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated information provided pursuant to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of ReceivablesSection 4.9(a)(iv). In addition, with respect to each Collection Period, the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filed.
Appears in 1 contract
Servicer’s Certificate. On or before No later than 10:00 am. New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agentthe Backup Servicer, the Indenture Trustee Security Insurer, the Collateral Agent and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trustee to make any withdrawal and deposit required by Section 6.3, to give any notice required by Section 6.3(b) and to make the payments to be made on the related Payment Datedistributions required by Sections 5.5, (ii) a statement as all information necessary to whether or not a Delinquency Trigger has occurred in respect of enable the related Collection Period, together with reasonably detailed calculations thereofTrustee to send the statements to Certificateholders and the Security Insurer required by Section 5.7, (iii) a listing of all Warranty Receivables and Administrative Receivables purchased as of the information necessary for related Deposit Date, identifying the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be Receivables so purchased and (iv) in all information necessary to enable the case of the Servicer’s Certificate related Trustee to the first Collection Periodreconcile all deposits to, and withdrawals from, the disclosure (if any) Collection Account for the related Collection Period and Distribution Date, including the accounting required by Rule 4(c)(2)(ii) of the Credit Risk Retention RulesSection 5.7. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered Receivables purchased by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or by the Seller on the related Deposit Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the related Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). A copy of such certificate may be obtained by any Certificateholder by a request in writing to the Trustee addressed to the Corporate Trust Office. In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate delivered to the Security Insurer, the Collateral Agent and filethe Trustee on the Determination Date shall also contain the following information: (a) the Delinquency Ratio, or cause to be filedAverage Delinquency Ratio, a Form ABS-EE (including an asset data file Default Ratio, Average Default Ratio, Net Loss Ratio and asset-related document containing the asset-level information for each Receivable Average Net Loss Ratio for such Collection PeriodDetermination Date; (b) on or before whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured as of such Determination Date; and (d) whether to the date on which knowledge of the Form 10-D with respect to such Collection Period is required to be filedServicer an Insurance Agreement Event of Default has occurred.
Appears in 1 contract
Servicer’s Certificate. On or before No later than 10:00 a.m. New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agentthe Indenture Trustee, the Indenture Trustee Backup Servicer, the Security Insurer, the Collateral Agent and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing, containing among other things, (i) the all information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and enable the Indenture Trustee to make available on its website any withdrawal and deposit required by Section 5.1, to give any notice required by Section 5.2, to make the distributions required by Sections 4.6 and 4.7(b), to make the withdrawals, distributions and deliveries required by Section 4.7(a) and to determine the amount to which the Servicer is entitled to be reimbursed or has been reimbursed during the related Monthly Period for Monthly Advances pursuant to Section 4.4(c), (ii) all information necessary to enable the Indenture Trustee to send the statements to Noteholders and Certificateholders required by Section 4.9, (iii) a listing of all Warranty Receivables and Administrative Receivables purchased as of the Securityholders pursuant to related Deposit Date, identifying the Trust Agreement or IndentureReceivables so purchased, as the case may be and (iv) in the case of the Servicer’s Certificate related all information necessary to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and enable the Indenture Trustee specifying (i) to reconcile all deposits to, and withdrawals from, the identity of any Receivable that Collection Account for the related Monthly Period and Distribution Date, including the accounting required by Section 4.8. Receivables purchased by the Servicer or by the Seller or OFL on the related Deposit Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the Collection related Monthly Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). A copy of such certificate may be obtained by any Certificateholder or Noteholder (or by a Certificate Owner or Note Owner, upon certification that such Person is a Certificate Owner or Note Owner and payment of any expenses associated with the distribution thereof) by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate delivered to the Security Insurer, the Collateral Agent and filethe Indenture Trustee on the Determination Date shall also contain the following information: (a) the Delinquency Ratio, or cause to be filedAverage Delinquency Ratio, a Form ABS-EE (including an asset data file Cumulative Default Rate and asset-related document containing the asset-level information for each Receivable -50- Cumulative Net Loss Rate for such Collection PeriodDetermination Date; (b) on or before whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured as of such Determination Date; (d) whether to the date on which knowledge of the Form 10-D Servicer an Insurance Agreement Event of Default has occurred, (e) if OFL shall be the Servicer, whether a Capture Event shall have occurred and be continuing, and (f) if OFL shall be the Servicer, whether any Capture Event specified in any prior Servicer's Certificate has been cured by a permanent waiver, effective in accordance with respect to such Collection Period is required to be filedthe terms of the Purchase Agreements.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Olympic Receivables Finance Corp)
Servicer’s Certificate. On or before (a) No later than 10:00 a.m. New York City time on each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agentthe Indenture Trustee, the Indenture Trustee Backup Servicer, Xxxxxx and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s 's Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing, containing among other things, (i) the all information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and enable the Indenture Trustee to make available on its website the distributions required by Section 4.6 and to determine the amount to which the Servicer is entitled to be reimbursed or has been reimbursed during the related Monthly Period for Monthly Advances pursuant to Section 4.4(d), (ii) all information necessary to enable the Indenture Trustee to send the statements to Noteholders, Certificateholders and Xxxxxx required by Section 4.9, (iii) a listing of all Warranty Receivables and Administrative Receivables purchased as of the Securityholders pursuant to related Deposit Date, identifying the Trust Agreement or Indenture, as the case may be Receivables so purchased and (iv) in the case of the Servicer’s Certificate related all information necessary to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and enable the Indenture Trustee specifying (i) to reconcile all deposits to, and withdrawals from, the identity of any Receivable that Collection Account for the related Monthly Period and Distribution Date, including the accounting required by Section 4.8. Receivables purchased by the Servicer or by the Seller or AFL on the related Deposit Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the Collection related Monthly Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). A copy of such certificate may be obtained by any Certificateholder or Noteholder (or by a Certificate Owner or Note Owner, upon certification that such Person is a Certificate Owner or Note Owner and payment of any expenses associated with the distribution thereof) by a request in writing to the Indenture Trustee addressed to the Corporate Trust Office. In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate delivered to the Indenture Trustee and fileXxxxxx on the Determination Date shall also contain the following information: (A) the Delinquency Ratio, or cause to be filedPortfolio Loss Ratio, a Form ABS-EE (including an asset data file Warehousing Loss Ratio and asset-related document containing the asset-level information for each Receivable Average Net Excess Spread Percentage for such Collection PeriodDetermination Date; (B) on whether any Trigger Event has occurred as of such Determination Date; (C) whether to the knowledge of the Servicer a Purchase Termination Event or before the date on which the Form 10-D with respect Servicer Termination Event has occurred; and (D) such other information as Xxxxxx requests from time to such Collection Period is required to be filedtime.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Arcadia Financial LTD)
Servicer’s Certificate. On or before No later than 12:00 noon New York City time on each Determination Date, the Servicer shall deliver (which delivery may deliver, or cause to be made by means of electronic mail) delivered, to the Trustee, the Owner Trustee, each Paying the Trust Collateral Agent, the Indenture Trustee Backup Servicer, the Insurer, the Noteholders and the Seller, and shall make available to the Rating AgenciesAgency, a Servicer’s 's Certificate substantially in executed by a responsible officer or agent of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trustee to make any withdrawal and deposit required by Section 5.5, to give any notice required by Section 5.5(b) and to make the payments to be made on the related Payment Datedistributions required by Section 5.7, (ii) a statement as all information to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee be provided to Noteholders and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required Insurer specified by Rule 4(c)(2)(ii) of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, Section 5.11 and (iii) a listing of all receivables repurchased by the Servicer or by the Seller on the related Deposit Date and each Receivable which became a Liquidated Receivable or which was paid in full during the related Monthly Period, identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In addition, with respect addition to each Collection Periodthe information set forth in the preceding sentence, the Servicer will prepare Servicer's Certificate shall also contain the following information: (a) the Delinquency Ratio, Average Delinquency Ratio and file, or cause to be filed, a Form ABS-EE Cumulative Net Loss Rate (including an asset data file and asset-related document containing as such terms are defined in the asset-level information for each Receivable Insurance Agreement) for such Collection PeriodDetermination Date; (b) on whether to the knowledge of the Servicer any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured as of such Determination Date; (d) whether to the knowledge of the Servicer an Insurance Agreement Event of Default has occurred; and (e) such other information reasonably requested by the Insurer or before the date on which the Form 10-D with respect to Noteholders; provided, however, that such Collection Period is information shall only be required to be filedincluded in the Servicer's Certificate on any Determination Date to the extent the request therefor is received by the Servicer on or prior to twenty (20) Business Days preceding such Determination Date.
Appears in 1 contract
Servicer’s Certificate. On or before No later than 10:00 a.m. Eastern time on the 10th calendar day of each Determination Datemonth, the Servicer shall deliver (which facsimile delivery may be made by means of electronic mailbeing acceptable) to the Trustee, the Owner Trustee, each Paying the Trust Collateral Agent, the Indenture Trustee Collateral Agent, the Backup Servicer, the Designated Backup Subservicer, the Insurer and the Seller, and shall make available to the each Rating Agencies, Agency a Servicer’s Certificate substantially in executed by a Responsible Officer of the form of Exhibit A heretoServicer containing among other things, containing (i) the all information necessary to enable the Trust Collateral Agent to make any withdrawal and deposit required by Section 5.5 and to make the payments to be made on the related Payment Datedistributions required by Section 5.7(b), (ii) a statement listing of all Purchased Receivables and Sold Receivables purchased by the Servicer or sold by the Issuer as to whether or not a Delinquency Trigger has occurred in respect of the related Collection PeriodAccounting Date, together with reasonably detailed calculations thereofidentifying the Receivables so purchased by the Servicer or sold by the Issuer, (iii) the all information necessary for to enable the Owner Trustee and Backup Servicer (or the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or IndentureDesignated Backup Subservicer, as the case may be and be) to verify the items specified in Section 4.13(a)(iii), (iv) in all information necessary to enable the case of Trust Collateral Agent to send the Servicer’s Certificate related statements to Noteholders and the first Collection PeriodInsurer required by Section 5.10, and (v) all information necessary to enable the Trust Collateral Agent to reconcile the aggregate cash flows, the disclosure (if any) Collection Account for the related Collection Period and Distribution Date, including the accounting required by Rule 4(c)(2)(ii) of the Credit Risk Retention RulesSection 5.10. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered Receivables purchased by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or by the Seller on the related Accounting Date and each Receivable which became obligated to purchase a Liquidated Receivable or that the Servicer determined to be a Defaulted Receivable, which was paid in either case full during the related Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the shall be identified by account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified set forth in the Schedule of Receivables). In additionaddition to the information set forth in the preceding sentence, with respect to each the Servicer’s Certificate shall also contain the following information: (a) the Delinquency Ratio, Monthly Extension Rate and Cumulative Net Loss Ratio (as such terms are defined herein or in the Spread Account Agreement) for the related Collection Period, ; (b) whether any Trigger Event has occurred as of such Determination Date; (c) whether any Trigger Event that may have occurred as of a prior Determination Date is deemed cured as of such Determination Date; and (d) whether to the knowledge of the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filedInsurance Agreement Event of Default has occurred.
Appears in 1 contract
Samples: Sale and Servicing (UPFC Auto Receivables Trust 2005-B)
Servicer’s Certificate. On or before each Determination Date, the Servicer shall deliver (which delivery may be made by means of electronic mail) to the Owner Trustee, each Paying Agent, the Indenture Trustee and the Seller, and shall make available to the Rating Agencies, a Servicer’s Certificate substantially in the form of Exhibit A hereto, containing (i) the information necessary to make the payments to be made on the related Payment Date, (ii) a statement as to whether or not a Delinquency Trigger has occurred in respect of the related Collection Period, together with reasonably detailed calculations thereof, (iii) the information necessary for the Owner Trustee and the Indenture Trustee to make available on its website statements to the Securityholders pursuant to the Trust Agreement or Indenture, as the case may be and (iv) in the case of the Servicer’s Certificate related to the first Collection Period, the disclosure (if any) required by Rule 4(c)(2)(ii) [4(c)(1)(ii)][4(c)(2)(ii)] of the Credit Risk Retention Rules. On or before each applicable Determination Date, the Servicer shall provide written notice (which written notice may be delivered by means of electronic mail) to the Owner Trustee and the Indenture Trustee specifying (i) the identity of any Receivable that the Servicer or the Seller became obligated to purchase or that the Servicer determined to be a Defaulted Receivable, in either case during the Collection Period for the Payment Date to which such Determination Date relates, (ii) the identity of any Receivable in respect of which payment of the Administrative Purchase Payment or Warranty Purchase Payment has been made in the Collection Period for the Payment Date to which such Determination Date relates, and (iii) the account number of the Obligor of any such Receivable described in the foregoing clause (i) or (ii) (as specified in the Schedule of Receivables). In addition, with respect to each Collection Period, the Servicer will prepare and file, or cause to be filed, a Form ABS-EE (including an asset data file and asset-related document containing the asset-level information for each Receivable for such Collection Period) on or before the date on which the Form 10-D with respect to such Collection Period is required to be filed.or
Appears in 1 contract
Samples: Form of Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)