Settlement of Accounts. (a) On or before each Determination Date, the Servicer shall deliver, (i) to the Owner Trustee, the Settlor, the Lender, the Administrative Agent and the Collateral Agent, a monthly report with respect to the Lending Facility Pool (the “Monthly Lending Facility Pool Report”) and (ii) except as otherwise provided in the related Servicing Supplement, to the each related Secured Party, a monthly report with respect to each Designated Pool (each, a “Monthly Exchange Note Report”), in each case, documenting, as applicable, (A) all advances to be made to, and distributions (including Servicer reimbursements) to be made from, the related Collection Account or (B) the manner in which the Servicer will apply all collections on the related Pool received by the Servicer on or prior to the next Payment Date. (b) The Servicer shall, from time to time, determine the respective amounts and recipients and: (i) as and when required by and as provided in this Agreement, the Credit and Security Agreement or a related Servicing Supplement, transfer from the related Collection Account to the Servicer any due and unpaid Servicing Fees; (ii) as and when required by the Titling Trust Agreement, this Agreement, the Credit and Security Agreement or a related Exchange Note Supplement or Servicing Supplement, transfer from the Lending Facility Collection Account any expenses or liabilities for which reimbursement is authorized hereunder or thereunder to the Person entitled thereto; (iii) as and when required by a related Exchange Note Supplement or Servicing Supplement, transfer from the related Exchange Note Collection Account to the Lending Facility Collection Account funding for each Exchange Note’s share of any allocable expenses or losses for which reimbursement is authorized by the Titling Trust Agreement, the or such Exchange Note Supplement or Servicing Supplement to the extent not otherwise provided for in this Section; (iv) as and when required in connection with the Basic Documents relating to a Transaction, transfer from the related Collection Account to the related Distribution Account such amounts as are required to be distributed from time to time in connection with such Transaction; and (v) as and when required by the Titling Trust Agreement or a related Exchange Note Supplement or Servicing Supplement, transfer between the related Collection Accounts any other funds as provided for in the Titling Trust Agreement, the Credit and Security Agreement or any such Exchange Note Supplement or Servicing Supplement. (c) Anything to the contrary notwithstanding, the Servicer shall be entitled to make any of the foregoing transfers by appropriately segregating and designating the relevant funds on its records, pending application thereof in accordance with this Agreement.
Appears in 21 contracts
Samples: Servicing Agreement (ACAR Leasing Ltd.), Servicing Agreement, Servicing Agreement (ACAR Leasing Ltd.)
Settlement of Accounts. (a) On or before each Determination Calculation Date, the Servicer shall delivershall, with respect to (i) to the Owner Trustee, the Settlor, the Lender, the Administrative Agent and the Collateral Agent, a monthly report with respect to the Lending Facility Pool (the “Monthly Lending Facility Pool Report”) UTI and (ii) except as otherwise provided in the related Servicing SupplementSUBI, deliver to the Trustee, each related Secured PartyUTI Holder, SUBI Holder and each Registered Pledgee, a monthly report with respect to each Designated Pool (each, a “Monthly Exchange Note Report”), in each case, Settlement Statement documenting, as applicable, (A) all advances to be made to, and distributions (including Servicer reimbursementsreimbursement) to be made from, the related Collection Account Account, or (B) the manner in which the Servicer will apply all collections on the related Pool UTI Collections or SUBI Collections received by the Servicer on or prior to the next ensuing Payment Date.
(b) The Servicer shall, from time to time, determine the respective amounts and recipients and:
(i) as and when required by and as provided in this Agreement, the Credit and Security Agreement or a related Servicing Supplement, transfer from the related Collection Account to the Servicer any due and unpaid Servicing Fees;
(ii) as and when required by the Titling Origination Trust Agreement, this Agreement, the Credit and Security Agreement or a related Exchange Note Supplement or Servicing Supplement, transfer from the Lending Facility UTI Collection Account any expenses Trust Expenses, Reimbursable Expenses or liabilities Liabilities for which reimbursement is authorized hereunder or thereunder to the Person entitled thereto;
(iii) as and when required by a related Exchange Note Supplement or Servicing Supplement, transfer from the related Exchange Note SUBI Collection Account to the Lending Facility UTI Collection Account funding for each Exchange Note’s SUBI's share of any allocable expenses Trust Expenses, Reimbursable Expenses or losses Losses for which reimbursement is authorized by the Titling Origination Trust Agreement, the Agreement or such Exchange Note Supplement or Servicing Supplement to the extent not otherwise provided for in this Section;
(iv) as and when required in connection with the Basic Documents relating to a TransactionSecuritized Financing, transfer from the related Collection Account to the related Distribution Account such amounts as are required to be distributed from time to time in connection with such Transaction; andSecuritized Financing;
(v) as and when required by the Titling Origination Trust Agreement or a related Exchange Note Supplement or Servicing Supplement, transfer between the related Collection Accounts (or a SUBI Lease Account, as applicable) any other funds as provided for in the Titling Origination Trust Agreement, the Credit and Security Agreement or any such Exchange Note Supplement or Servicing Supplement.; and
(c) Anything to the contrary notwithstanding, the Servicer shall be entitled to make any of the foregoing transfers by appropriately segregating and designating the relevant funds on its records, pending application thereof in accordance with this Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (Nissan Auto Lease Trust 2004-A), Servicing Agreement (Nissan Auto Leasing LLC Ii)
Settlement of Accounts. (a) On or before each Determination Date, the Servicer shall deliver, (i) to the Owner Trustee, the Settlor, the Lender, the Administrative Agent Lender and the Collateral Agent, a monthly report with respect to the Lending Facility Pool (the “Monthly Lending Facility Pool Report”) and (ii) except as otherwise provided in the related Servicing Supplement, to the each related Secured Party, a monthly report with respect to each Designated Pool (each, a “Monthly Exchange Note Report”), in each case, documenting, as applicable, (A) all advances to be made to, and distributions (including Servicer reimbursements) to be made from, the related Collection Account or (B) the manner in which the Servicer will apply all collections on the related Pool received by the Servicer on or prior to the next Payment Date.
(b) The Servicer shall, from time to time, determine the respective amounts and recipients and:
(i) as and when required by and as provided in this Agreement, the Credit and Security Agreement or a related Servicing Supplement, transfer from the related Collection Account to the Servicer any due and unpaid Servicing Fees;
(ii) as and when required by the Titling Trust Agreement, this Agreement, the Credit and Security Agreement or a related Exchange Note Supplement or Servicing Supplement, transfer from the Lending Facility Collection Account any expenses or liabilities for which reimbursement is authorized hereunder or thereunder to the Person entitled thereto;
(iii) as and when required by a related Exchange Note Supplement or Servicing Supplement, transfer from the related Exchange Note Collection Account to the Lending Facility Collection Account funding for each Exchange Note’s share of any allocable expenses or losses for which reimbursement is authorized by the Titling Trust Agreement, the or such Exchange Note Supplement or Servicing Supplement to the extent not otherwise provided for in this Section;
(iv) as and when required in connection with the Basic Documents relating to a Transaction, transfer from the related Collection Account to the related Distribution Account such amounts as are required to be distributed from time to time in connection with such Transaction; and
(v) as and when required by the Titling Trust Agreement or a related Exchange Note Supplement or Servicing Supplement, transfer between the related Collection Accounts any other funds as provided for in the Titling Trust Agreement, the Credit and Security Agreement or any such Exchange Note Supplement or Servicing Supplement.
(c) Anything to the contrary notwithstanding, the Servicer shall be entitled to make any of the foregoing transfers by appropriately segregating and designating the relevant funds on its records, pending application thereof in accordance with this Agreement.
Appears in 2 contracts
Samples: Servicing Agreement (ACAR Leasing Ltd.), Servicing Agreement (ACAR Leasing Ltd.)