Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable: (i) the amount paid or distributed in respect of interest on each Class of Notes; (ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes; (iii) the amount paid or distributed to the Certificateholders; (iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period; (v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date; (vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date; (vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date; (viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date; (ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date; (x) the Yield Supplement Overcollateralization Amount for such Payment Date; (xi) the amount of Available Collections for the related Collection Period; (xii) delinquency and loss information with respect to the Receivables for the related Collection Period; (xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience; (xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time; (xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and (xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 20 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2023-a Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2023-a Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2022-a Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on in respect of each Class of Notes;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the CertificateholdersCertificateholder;
(iv) the number of ReceivablesPool Balance, the Pool Balance and the Adjusted Pool Balance and number of Receivables as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 A-1 Principal Balance, the Class A‑2 A-2 Principal Balance, the Class A‑3 A-3 Principal Balance, the Class A‑4 A-4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 A-1 Interest Carryover Shortfall, Class A‑2 A-2 Interest Carryover Shortfall, Class A‑3 A-3 Interest Carryover Shortfall, Class A‑4 A-4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the any Reserve Account on such Payment Date and the Specified Reserve Account Balance on for such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xix) the Yield Supplement Overcollateralization Amount for such the related Payment Date;
(xix) the amount of Available Collections for the related Collection Period;
(xiixi) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiiixii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xivxiii) any material modifications, extensions or waivers to Receivables terms, fees, fees penalties or payments during the related Collection Period;
(xiv) any material breaches of representations, warranties or that have cumulatively become material over timecovenants related to the Receivables;
(xv) any material breaches new issuance of representations and warranties made with respect to notes or other securities backed by the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as any material change in the underwriting, origination or acquisition of the end of the related Collection PeriodReceivables.
Appears in 20 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2015-a Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2015-a Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2014-C Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes, including LIBOR (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A‑2a Principal Balance, the Class A-2b Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A‑2a Interest Carryover Shortfall, Class X-0x Xxxxxxxx Xxxxxxxxx Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on for such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for the such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 19 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2018-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2018-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2018-a Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and each Paying Agent) for the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
Repurchased Receivables paid by (ixi) the balance of the Reserve Account on such Payment Date Servicer and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xii) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for Seller with respect to the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiiia) any material change in practices with respect or (g) above relating to charge-offs, collection and management the Notes shall be expressed as a dollar amount per $1,000 of delinquent Receivablesthe Initial Note Balance of the Notes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the effect Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. 15 Sale and Servicing Agreement The Indenture Trustee’s internet website shall be initially located at xxxxx://xxx.xxx.xx.xxx/investpublic/ or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any grace period, re-aging, re-structuring, partial payments changes in the address or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches means of representations and warranties made with respect access to the Receivables, or covenants, contained in Internet website where the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodreports are accessible.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2014-2), Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2014-2), Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2013-2)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes, including Benchmark (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A‑2a Principal Balance, the Class A-2b Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A‑2a Interest Carryover Shortfall, Class X-0x Xxxxxxxx Xxxxxxxxx Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2022-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2022-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2022-C Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes, including Benchmark (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A‑2a Principal Balance, the Class A-2b Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A‑2a Interest Carryover Shortfall, Class A-2b Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and;
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period; and
(xvii) notice of the occurrence of a Benchmark Transition Event and its related Benchmark Replacement Date, the determination of a Benchmark Replacement and the making of any Benchmark Replacement Conforming Changes.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2023-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2023-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2023-B Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on in respect of each Class of Notes;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the CertificateholdersCertificateholder;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance number of Receivables as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 A-1 Principal Balance, the Class A‑2 A-2 Principal Balance, the Class A‑3 A-3 Principal Balance, the Class A‑4 A-4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 A-1 Interest Carryover Shortfall, Class A‑2 A-2 Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 A-3 Interest Carryover Shortfall and Class B A-4 Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the any Reserve Account on such Payment Date and the Specified Reserve Account Balance on for such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xix) the Yield Supplement Overcollateralization Target Amount for such the immediately following Payment Date;
(xix) the amount of Available Collections for the related Collection Period;
(xiixi) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiiixii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xivxiii) any material modifications, extensions or waivers to Receivables terms, fees, fees penalties or payments during the related Collection Period;
(xiv) any material breaches of representations, warranties or that have cumulatively become material over timecovenants related to the Receivables;
(xv) any material breaches new issuance of representations and warranties made with respect to notes or other securities backed by the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as any material change in the underwriting, origination or acquisition of the end of the related Collection PeriodReceivables.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2010-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2010-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to either, at the option of the Indenture Trustee, forward or otherwise make available on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes, including the Benchmark (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A‑2a Principal Balance, the Class A-2b Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A‑2a Interest Carryover Shortfall, Class A-2b Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and;
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period; and
(xvii) notice of the occurrence of a Benchmark Transition Event and its related Benchmark Replacement Date, the determination of a Benchmark Replacement and the making of any Benchmark Replacement Conforming Changes.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2024-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-C Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on in respect of each Class of Notes, including LIBOR (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the CertificateholdersCertificateholder;
(iv) the number of ReceivablesPool Balance, the Pool Balance and the Adjusted Pool Balance and number of Receivables as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 A-1 Principal Balance, the Class A‑2 A-2a Principal Balance, the Class A‑3 A-2b Principal Balance, the Class A‑4 A-3 Principal Balance, the Class A-4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 A-1 Interest Carryover Shortfall, Class A‑2 A-2a Interest Carryover Shortfall, Class A‑3 X-0x Xxxxxxxx Xxxxxxxxx Shortfall, Class A-3 Interest Carryover Shortfall, Class A‑4 A-4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the any Reserve Account on such Payment Date and the Specified Reserve Account Balance on for such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xix) the Yield Supplement Overcollateralization Amount for such the related Payment Date;
(xix) the amount of Available Collections for the related Collection Period;
(xiixi) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiiixii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xivxiii) any material modifications, extensions or waivers to Receivables terms, fees, fees penalties or payments during the related Collection Period;
(xiv) any material breaches of representations, warranties or that have cumulatively become material over timecovenants related to the Receivables;
(xv) any material breaches new issuance of representations and warranties made with respect to notes or other securities backed by the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as any material change in the underwriting, origination or acquisition of the end of the related Collection PeriodReceivables.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2015-B Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to either, at the option of the Indenture Trustee, forward or otherwise make available on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes, including Benchmark (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A‑2a Principal Balance, the Class A-2b Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A‑2a Interest Carryover Shortfall, Class A-2b Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and;
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period; and
(xvii) notice of the occurrence of a Benchmark Transition Event and its related Benchmark Replacement Date, the determination of a Benchmark Replacement and the making of any Benchmark Replacement Conforming Changes.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2024-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2024-a Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes, including LIBOR (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A‑2a Principal Balance, the Class A‑2b Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A‑2a Interest Carryover Shortfall, Class X-0x Xxxxxxxx Xxxxxxxxx Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on for such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2019-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2019-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2019-a Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and each Paying Agent, and the Owner Indenture Trustee (with a shall forward such copy to each of the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Certificate Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution amount deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Second Priority Principal Distribution AmountReserve Account on such Payment Date, (iv) the Regular balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Noteholders' Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of NotesCertificateholders' Principal Distribution Amount, if any, for such Payment Date;
(iiie) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders' Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
Repurchased Receivables paid by (ixi) the balance of the Reserve Account on such Payment Date Servicer and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xii) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for Seller with respect to the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiiia) or (g) above relating to the Notes shall be expressed as a dollar amount per $1,000 of the Initial Note Balance of the Notes (or Class thereof). The Indenture Trustee will make available via the Indenture Trustee's internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any material change other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by electronic mail to each Rating Agency. The Indenture Trustee will make no representation or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee's internet website shall be initially located at "[ ]" or at such other address as shall be specified by the Indenture Trustee from time to time in practices writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with respect providing access to charge-offsthe Indenture Trustee's internet website, collection and management of delinquent Receivables, the Indenture Trustee may require registration and the effect acceptance of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during a disclaimer. The Indenture Trustee shall not be liable for the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches dissemination of representations and warranties made information in accordance with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodthis Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Vw Credit Leasing LTD), Sale and Servicing Agreement (Volkswagen Public Auto Loan Securitization LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and each Paying Agent) for the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
Repurchased Receivables paid by (ixi) the balance of the Reserve Account on such Payment Date Servicer and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xii) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for Seller with respect to the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiiia) any material change in practices with respect or (g) above relating to charge-offs, collection and management the Notes shall be expressed as a dollar amount per $1,000 of delinquent Receivablesthe Initial Note Balance of the Notes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the effect Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxxxx://xxx.xxx.xx.xxx/investpublic/ or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any grace period, re-aging, re-structuring, partial payments changes in the address or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches means of representations and warranties made with respect access to the Receivables, or covenants, contained in Internet website where the Basic Documents; and
reports are accessible. 15 Sale and Servicing Agreement (xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.VALET 2014-1)
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below to the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution AmountSpecified Reserve Account Balance for such Payment Date, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to deposited in the Certificateholders;
Reserve Account in respect of such Payment Date, if any, (iv) the number Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (v) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (vi) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal and the Second Allocation of Principal for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Principal Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (USAA Auto Owner Trust 2010-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2010-1)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and on each Paying Agent) for Payment Date the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the preceding Collection Period;
(f) the number of, and aggregate amount of monthly principal and interest payments due on, the related Receivables which are delinquent as of the end of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vig) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viih) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiii) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(j) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xik) the amount of Available Collections for the related Collection Period;
(xiil) delinquency the aggregate amount of proceeds received by the Servicer, net of reimbursable out-of-pocket expenses, in respect of a Receivable which is a Defaulted Receivable;
(m) the number and loss information with respect to outstanding balance of Receivables for which the Receivables related Financed Vehicle has been repossessed;
(n) the amount remaining of any Yield Supplement Overcollateralization Amount, credit, or liquidity enhancement, if applicable;
(o) the Delinquency Percentage for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvip) whether a the Delinquency Trigger has occurred for such Payment Date. Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a dollar amount per $1,000 of the end Initial Note Balance of the related Collection PeriodNotes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxxxx://xxx.xxx.xx.xxx/investpublic/” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address of or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for , and the Indenture Trustee to shall forward (or make available on its website, as described below) such Payment Date copy to each Paying Agent of the Rating Agencies, the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
Repurchased Receivables paid by (ixi) the balance of the Reserve Account on such Payment Date Servicer and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xii) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for Seller with respect to the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiiia) any material change in practices with respect or (g) above relating to charge-offs, collection and management the Notes shall be expressed as a dollar amount per $1,000 of delinquent Receivablesthe Initial Note Balance of the Notes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the effect Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6, provided, however, that the Indenture Trustee, shall, if requested by any Rating Agency, deliver any reports or notices under this Section 4.6 in writing to such Rating Agency. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxxxx://xxx.xxx.xx.xxx/investpublic/ or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee is obligated to notify the Noteholders in writing of any grace period, re-aging, re-structuring, partial payments changes in the address or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches means of representations and warranties made with respect access to the Receivables, or covenants, contained in Internet website where the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodreports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2010-1), Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2010-1)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below to the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution AmountSpecified Reserve Account Balance for such Payment Date, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to deposited in the Certificateholders;
Reserve Account in respect of such Payment Date, if any, (iv) the number Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (v) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivablessuch Payment Date and (vi) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Principal Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the aggregate Repurchase Price with respect to Repurchased Receivables with respect to the related Collection Period; and
(i) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect . No disbursements shall be made directly by the Servicer to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivablesa Noteholder, and the effect of Servicer shall not be required to maintain any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect investor record relating to the Receivablesposting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by the Servicer by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or covenantswarranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxx.xxxxxx.xxx/xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, contained in the Basic Documents; and
(xvi) whether Servicer, the Issuer or any Paying Agent. The Indenture Trustee will forward a Delinquency Trigger has occurred as hard copy of the end reports or notices required to be provided by the Indenture Trustee under this Section 4.6 to each Noteholder promptly after it becomes aware that the reports or notices are not accessible on its internet website. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the related Collection Perioddissemination of information in accordance with this Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Usaa Acceptance LLC), Sale and Servicing Agreement (USAA Auto Owner Trust 2015-1)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below to the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution AmountSpecified Reserve Account Balance for such Payment Date, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to deposited in the Certificateholders;
Reserve Account in respect of such Payment Date, if any, (iv) the number Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (v) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivablessuch Payment Date and (vi) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Principal Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the aggregate Repurchase Price with respect to Repurchased Receivables with respect to the related Collection Period; and
(i) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect . No disbursements shall be made directly by the Servicer to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivablesa Noteholder, and the effect of Servicer shall not be required to maintain any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect investor record relating to the Receivablesposting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by the Servicer by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or covenants, contained in warranties as to the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as accuracy or completeness of the end of the related Collection Periodsuch documents and will assume no responsibility therefor.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (USAA Auto Owner Trust 2012-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2012-1)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee, the Owner Trustee, the Delaware Trustee, each Paying Agent, the Indenture Trustee and the Owner Trustee (with a copy Seller, and shall make available to the Rating Agencies and each Paying Agent) Agencies, a Servicer’s Certificate substantially in the form of Exhibit D hereto, for the Indenture Trustee to forward on such the related Payment Date to each Paying Agent and each Noteholder of record as of the most recent related Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent related Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on in respect of each Class of Notes;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the CertificateholdersCertificateholder;
(iv) the Aggregate Securitization Value and number of Receivables, the Pool Balance and the Adjusted Pool Balance Leases as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 A-1 Principal Balance, the Class A‑2 A-2 Principal Balance, the Class A‑3 A-3 Principal Balance, the Class A‑4 A-4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 A-1 Interest Carryover Shortfall, Class A‑2 A-2 Interest Carryover Shortfall, Class A‑3 A-3 Interest Carryover Shortfall, Class A‑4 A-4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the any Reserve Account on such Payment Date and the Specified Reserve Account Balance on for such Payment Date, before and after giving effect to changes thereto on such Payment Date;; and
(xix) the Yield Supplement Overcollateralization Amount SUBI Collections for such Payment Date;
(xi) Collection Period and the amounts allocable to the interest represented by the 201_-_ SUBI Certificate and the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 2 contracts
Samples: Indenture (Toyota Lease Trust), Indenture (Toyota Lease Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and on each Paying Agent) for Payment Date the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the preceding Collection Period;
(f) the number of, and aggregate amount of monthly principal and interest payments due on, the related Receivables which are delinquent as of the end of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vig) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viih) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiii) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(j) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xik) the amount of Available Collections for the related Collection Period;
(xiil) delinquency the aggregate amount of proceeds received by the Servicer, net of reimbursable out-of-pocket expenses, in respect of a Receivable which is a Defaulted Receivable;
(m) the number and loss information with respect to outstanding balance of Receivables for which the Receivables related Financed Vehicle has been repossessed;
(n) the amount remaining of any Yield Supplement Overcollateralization Amount, credit, or liquidity enhancement, if applicable;
(o) the Delinquency Percentage for the related Collection Period;
(xiiip) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experienceDelinquency Trigger for such Payment Date;
(xivq) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic DocumentsSOFR Adjustment Conforming Changes; and
(xvir) whether if a Delinquency Trigger has occurred Benchmark Transition Event occurs, the Benchmark Replacement Date, the Benchmark Replacement and the Benchmark Replacement Conforming Changes for the Class A-2-B Notes for the related Interest Period. Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a dollar amount per $1,000 of the end Initial Note Balance of the related Collection PeriodNotes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxxxx://xxxxx.xxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address of or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below, to the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Payment Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the applicable Record Date, Determination Date and Payment Date;
(b) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(iic) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal A-1 Note Balance, the Class A‑2 Principal A-2 Note Balance, the Class A‑3 Principal A-3 Note Balance, the Class A‑4 Principal A-4 Note Balance, the Class B Principal Note Balance and the Note Pool Principal Factor for with respect to each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vii) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(e) the First Allocation of Principal, the Second Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(f) the number of Receivables and the Net Pool Balance as of the beginning of business on the first day of the preceding Collection Period and the close of business of the last day of the preceding Collection Period;
(g) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment DateFees, and the change in such amounts amount from that of the preceding prior Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (USAA Auto Owner Trust 2016-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2016-1)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on for such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for the such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2018-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2018-D Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to Before each Payment Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below, to the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Payment Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the applicable Record Date, Determination Date and Payment Date;
(b) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(iic) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal A-1 Note Balance, the Class A‑2 Principal A-2 Note Balance, the Class A‑3 Principal A-3 Note Balance, the Class A‑4 Principal A-4 Note Balance, the Class B Principal Note Balance and the Note Pool Principal Factor for with respect to each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vii) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(e) the First Allocation of Principal, the Second Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(f) the number of Receivables and the Net Pool Balance as of the beginning of business on the first day of the preceding Collection Period and the close of business of the last day of the preceding Collection Period;
(g) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees Fees, and the change in such amount from that of the prior Payment Date;
(viih) the amount of fees to be paid to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in each such amount from that of the prior Payment Date;
(i) the amount of the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiij) the amount of fees, expenses and indemnification amounts any shortfall in principal payments due and payable to each of the Indenture Trustee, the Owner Trustee Class A Noteholders and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account Class B Noteholders on such Payment Date and the Specified Reserve Account Balance on change in such Payment Date, before and after giving effect to changes thereto on such amounts from the preceding Payment Date;
(xk) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for aggregate Repurchase Price with respect to Repurchased Receivables with respect to the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xivl) any material modifications, extensions or waivers to Receivables the Transferred Assets’ terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xvm) any material breaches of the representations and warranties made in the Transaction Documents with respect to the ReceivablesTransferred Assets; (n) the Outstanding Principal Balance of Receivables that are 30-59, or covenants60-89, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred 90-119 and over 119 days delinquent as of the end of the related Collection Period.;
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Usaa Acceptance LLC), Sale and Servicing Agreement (Usaa Acceptance LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below to the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution AmountSpecified Reserve Account Balance for such Payment Date, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to deposited in the Certificateholders;
Reserve Account in respect of such Payment Date, if any, (iv) the number Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (v) the balance on deposit in the 708320802 14443670 15 Sale and Servicing Agreement Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivablessuch Payment Date and (vi) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Principal Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the aggregate Repurchase Price with respect to Repurchased Receivables with respect to the related Collection Period; and
(i) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect . No disbursements shall be made directly by the Servicer to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivablesa Noteholder, and the effect of Servicer shall not be required to maintain any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect investor record relating to the Receivablesposting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by the Servicer by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or covenantswarranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxx.xxxxxx.xxx/xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, contained in the Basic Documents; and
(xvi) whether Servicer, the Issuer or any Paying Agent. The Indenture Trustee will forward a Delinquency Trigger has occurred as hard copy of the end reports or notices required to be provided by the Indenture Trustee under this Section 4.6 to each Noteholder promptly after it becomes aware that the reports or notices are not accessible on its internet website. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the related Collection Perioddissemination of information in accordance with this Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (USAA Auto Owner Trust 2014-1), Sale and Servicing Agreement (Usaa Acceptance LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and on each Paying Agent) for Payment Date the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the preceding Collection Period;
(f) the number of, and aggregate amount of monthly principal and interest payments due on, the related Receivables which are delinquent as of the end of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vig) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viih) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiii) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(j) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xik) the amount of Available Collections for the related Collection Period;
(xiil) delinquency the aggregate amount of proceeds received by the Servicer, net of reimbursable out-of-pocket expenses, in respect of a Receivable which is a Defaulted Receivable;
(m) the number and loss information with respect to outstanding balance of Receivables for which the Receivables related Financed Vehicle has been repossessed;
(n) the amount remaining of any Yield Supplement Overcollateralization Amount, credit, or liquidity enhancement, if applicable;
(o) the Delinquency Percentage for the related Collection Period;
(xiiip) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic DocumentsDelinquency Trigger for such Payment Date; and
(xviq) whether the Benchmark rate for the related Interest Period. Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a Delinquency Trigger has occurred as dollar amount per $1,000 of the end Initial Note Balance of the related Collection PeriodNotes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxxxx://xxx.xxx.xx.xxx/investpublic/ or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address of or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and on each Paying Agent) for Payment Date the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the preceding Collection Period;
(f) the number of, and aggregate amount of monthly principal and interest payments due on, the related Receivables which are delinquent as of the end of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vig) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viih) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiii) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(j) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xik) the amount of Available Collections for the related Collection Period;
(xiil) delinquency the aggregate amount of proceeds received by the Servicer, net of reimbursable out-of-pocket expenses, in respect of a Receivable which is a Defaulted Receivable;
(m) the number and loss information with respect to outstanding balance of Receivables for which the Receivables related Financed Vehicle has been repossessed;
(n) the amount remaining of any Yield Supplement Overcollateralization Amount, credit, or liquidity enhancement, if applicable;
(o) the Delinquency Percentage for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvip) whether a the Delinquency Trigger has occurred for such Payment Date. Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a dollar amount per $1,000 of the end Initial Note Balance of the related Collection PeriodNotes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xx.xxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address of or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and on each Paying Agent) for Payment Date the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the preceding Collection Period;
(f) the number of, and aggregate amount of monthly principal and interest payments due on, the related Receivables which are delinquent as of the end of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vig) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viih) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiii) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(j) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xik) the amount of Available Collections for the related Collection Period;
(xiil) delinquency the aggregate amount of proceeds received by the Servicer, net of reimbursable out-of-pocket expenses, in respect of a Receivable which is a Defaulted Receivable;
(m) the number and loss information with respect to outstanding balance of Receivables for which the Receivables related Financed Vehicle has been repossessed;
(n) the amount remaining of any Yield Supplement Overcollateralization Amount, credit, or liquidity enhancement, if applicable;
(o) the Delinquency Percentage for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvip) whether a the Delinquency Trigger has occurred for such Payment Date. Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a dollar amount per $1,000 of the end Initial Note Balance of the related Collection PeriodNotes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxxxx://xxxxx.xxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address of or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and each Paying Agent) for the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
Repurchased Receivables paid by (ixi) the balance of the Reserve Account on such Payment Date Servicer and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xii) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for Seller with respect to the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiiia) any material change in practices with respect or (g) above relating to charge-offs, collection and management the Notes shall be expressed as a dollar amount per $1,000 of delinquent Receivablesthe Initial Note Balance of the Notes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the effect Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. 15 Sale and Servicing Agreement The Indenture Trustee’s internet website shall be initially located at xxx.xx.xxxxxxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any grace period, re-aging, re-structuring, partial payments changes in the address or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches means of representations and warranties made with respect access to the Receivables, or covenants, contained in Internet website where the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodreports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2012-2), Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2012-2)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and each Paying Agent) for the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance, in each case after giving effect to payments on such Payment Date;
(c) (i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
Repurchased Receivables paid by (ixi) the balance of the Reserve Account on such Payment Date Servicer and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xii) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for Seller with respect to the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiiia) any material change in practices with respect or (g) above relating to charge-offs, collection and management the Notes shall be expressed as a dollar amount per $1,000 of delinquent Receivablesthe Initial Note Balance of the Notes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the effect Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxx.xx.xxxxxxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any grace period, re-aging, re-structuring, partial payments changes in the address or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches means of representations and warranties made with respect access to the Receivables, or covenants, contained in Internet website where the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodreports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2012-1), Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2012-1)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward make available on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes, including Benchmark (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A‑2a Principal Balance, the Class A-2b Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A‑2a Interest Carryover Shortfall, Class A-2b Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and;
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period; and
(xvii) notice of the occurrence of a Benchmark Transition Event and its related Benchmark Replacement Date, the determination of a Benchmark Replacement and the making of any Benchmark Replacement Conforming Changes.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2023-D Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2023-D Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes, including LIBOR (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A‑2a Principal Balance, the Class A-2b Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A‑2a Interest Carryover Shortfall, Class A-0x Xxxxxxxx Xxxxxxxxx Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on for such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for the such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2016-B Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2016-B Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and on each Paying Agent) for Payment Date the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the preceding Collection Period;
(f) the number of, and aggregate amount of monthly principal and interest payments due on, the related Receivables which are delinquent as of the end of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vig) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viih) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiii) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(j) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xik) the amount of Available Collections for the related Collection Period;
(xiil) delinquency the aggregate amount of proceeds received by the Servicer, net of reimbursable out-of-pocket expenses, in respect of a Receivable which is a Defaulted Receivable;
(m) the number and loss information with respect to outstanding balance of Receivables for which the Receivables related Financed Vehicle has been repossessed;
(n) the amount remaining of any Yield Supplement Overcollateralization Amount, credit, or liquidity enhancement, if applicable;
(o) the Delinquency Percentage for the related Collection Period;
(xiiip) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experienceDelinquency Trigger for such Payment Date;
(xivq) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic DocumentsSOFR Adjustment Conforming Changes; and
(xvir) whether if a Delinquency Trigger has occurred Benchmark Transition Event occurs, the Benchmark Replacement Date, the Benchmark Replacement and the Benchmark Replacement Conforming Changes for the Class A-2-B Notes for the related Interest Period. Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a dollar amount per $1,000 of the end Initial Note Balance of the related Collection PeriodNotes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at wxx.xx.xxxxxxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address of or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC), Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for , and the Indenture Trustee to shall forward (or make available on its website, as described below) such Payment Date copy to each Paying Agent of the Rating Agencies, the Swap Counterparty, the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3-A Note Balance, the Class A-3-B Note Balance, the Class A-4-A Note Balance and the Class A-4-B Note Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(i) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xij) the amount of Available Collections for the related Collection Period;
(xiik) delinquency the Net Swap Receipts and loss information with respect to the Receivables for the related Collection PeriodNet Swap Payment, if any;
(xiiil) any material change in practices with respect to charge-offsthe Senior Swap Termination Payment and Subordinated Swap Termination Payment, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experienceif any;
(xivm) any material modificationsthe Swap Replacement Proceeds, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documentsif any; and
(xvin) whether the Swap Termination Payment, if any. Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a Delinquency Trigger has occurred as dollar amount per $1,000 of the end Initial Note Balance of the related Collection PeriodNotes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6, provided, however, that the indenture Trustee, shall, if requested by any Rating Agency, deliver any reports or notices under this Section 4.6 in writing to such Rating Agency. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2008-2), Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2008-1)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and each Paying Agent) for the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
Repurchased Receivables paid by (ixi) the balance of the Reserve Account on such Payment Date Servicer and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xii) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for Seller with respect to the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiiia) any material change in practices with respect or (g) above relating to charge-offs, collection and management the Notes shall be expressed as a dollar amount per $1,000 of delinquent Receivablesthe Initial Note Balance of the Notes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the effect Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxxxx://xxx.xxx.xx.xxx/investpublic/ or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee is obligated to notify the Noteholders in writing of any grace period, re-aging, re-structuring, partial payments changes in the address or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches means of representations and warranties made with respect access to the Receivables, or covenants, contained in Internet website where the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodreports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2011-1), Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2011-1)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for , and the Indenture Trustee to shall forward (or make available on its website, as described below) such Payment Date copy to each Paying Agent of the Rating Agencies[, the Swap Counterparty], the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(iib) the First Priority Principal Distribution AmountClass A-1 Note Balance, the Second Priority Principal Distribution AmountClass A-2 Note Balance, the Regular Principal Distribution Amount Class A-3 Note Balance and the amount paid or distributed in respect of principal on or Class A-4 Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the Pool Balance and change in such balance from the Adjusted immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts amount from the preceding Payment Date;
(viiih) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(i) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xij) the amount of Available Collections for the related Collection Period;
(xiik) delinquency [the Net Swap Receipts and loss information with respect Net Swap Payment, if any;]
(l) [the Senior Swap Termination Payment and Subordinated Swap Termination Payment, if any;]
(m) [the Swap Replacement Proceeds, if any; and]
(n) [the Swap Termination Payment, if any.] Each amount set forth pursuant to paragraph (a) or (g) above relating to the Receivables Notes shall be expressed as a dollar amount per $1,000 of the Initial Note Balance of the Notes (or Class thereof). The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6, provided, however, that the Indenture Trustee, shall, if requested by any Rating Agency, deliver any reports or notices under this Section 4.6 in writing to such Rating Agency. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “[ ]” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the related Collection Period;
(xiii) any material change dissemination of information in practices accordance with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodthis Agreement.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Bas Securitization LLC), Sale and Servicing Agreement (Citizens Auto Receivables, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes, including LIBOR (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A‑2[a] Principal Balance, [the Class A-2b Principal Balance,] the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A‑2[a] Interest Carryover Shortfall, [Class X-0x Xxxxxxxx Xxxxxxxxx Shortfall, ]Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on for such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC), Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes, including LIBOR (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A‑2a Principal Balance, the Class A‑2b Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A‑2a Interest Carryover Shortfall, Class X-0x Xxxxxxxx Xxxxxxxxx Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2019-C Owner Trust), Sale and Servicing Agreement (Toyota Auto Receivables 2019-C Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for , and the Indenture Trustee to shall forward (or make available on its website, as described below) such Payment Date copy to each Paying Agent of the Rating Agencies, the Swap Counterparty, the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Certificate Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(i) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xij) the amount of Available Collections for the related Collection Period;
(xiik) delinquency the Net Swap Receipts and loss information with respect to the Receivables for the related Collection PeriodNet Swap Payment, if any;
(xiiil) any material change in practices with respect to charge-offsthe Senior Swap Termination Payment and Subordinated Swap Termination Payment, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experienceif any;
(xivm) any material modificationsthe Swap Replacement Proceeds, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documentsif any; and
(xvin) whether the Swap Termination Payment, if any. Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a Delinquency Trigger has occurred as dollar amount per $1,000 of the end Initial Note Balance of the related Collection PeriodNotes (or Class thereof). The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6, provided, however, that the indenture Trustee, shall, if requested by any Rating Agency, deliver any reports or notices under this Section 4.6 in writing to such Rating Agency. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “wxx.xxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2007-1)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below to the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution AmountSpecified Reserve Account Balance for such Payment Date, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to deposited in the Certificateholders;
Reserve Account in respect of such Payment Date, if any, (iv) the number Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (v) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (vi) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal and the Second Allocation of Principal for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Principal Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect Repurchased Receivables with respect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
(xiii) any material change in practices with respect . No disbursements shall be made directly by the Servicer to charge-offs, collection and management of delinquent Receivablesa Noteholder, and the effect of Servicer shall not be required to maintain any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect investor record relating to the Receivablesposting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by the Servicer by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or covenantswarranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxx.xxxxxxxxxxxxxxxxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, contained in the Basic Documents; and
(xvi) whether Servicer, the Issuer or any Paying Agent. The Indenture Trustee will forward a Delinquency Trigger has occurred as hard copy of the end reports or notices required to be provided by the Indenture Trustee under this Section 4.6 to each Noteholder promptly after it becomes aware that the reports or notices are not accessible on its internet website. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the related Collection Perioddissemination of information in accordance with this Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (USAA Auto Owner Trust 2009-1)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for , and the Indenture Trustee to shall forward (or make available on its website, as described below) such Payment Date copy to each Paying Agent of the Rating Agencies[, the Swap Counterparty], the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts amount from the preceding Payment Date;
(viiih) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(i) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xij) the amount of Available Collections for the related Collection Period;
(xiik) delinquency [the Net Swap Receipts and loss information with respect Net Swap Payment, if any;]
(l) [the Senior Swap Termination Payment and Subordinated Swap Termination Payment, if any;]
(m) [the Swap Replacement Proceeds, if any; and]
(n) [the Swap Termination Payment, if any.] Each amount set forth pursuant to paragraph (a) or (g) above relating to the Receivables Notes shall be expressed as a dollar amount per $1,000 of the Initial Note Balance of the Notes (or Class thereof). The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6, provided, however, that the Indenture Trustee, shall, if requested by any Rating Agency, deliver any reports or notices under this Section 4.6 in writing to such Rating Agency. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “[ ]” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the related Collection Period;
(xiii) any material change dissemination of information in practices accordance with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodthis Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Fifth Third Holdings Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on in respect of each Class of Notes[, including LIBOR (as determined by the Indenture Trustee) for the related Interest Period];
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the CertificateholdersCertificateholder;
(iv) the number of ReceivablesPool Balance, the Pool Balance and the Adjusted Pool Balance and number of Receivables as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 A-1 Principal Balance, the Class A‑2 A-2[a] Principal Balance, [the Class A-2b Principal Balance,] the Class A-3 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 A-4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 A-1 Interest Carryover Shortfall, Class A‑2 A-2[a] Interest Carryover Shortfall, [Class X-0x Xxxxxxxx Xxxxxxxxx Shortfall, ]Class A-3 Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 A-4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the any Reserve Account on such Payment Date and the Specified Reserve Account Balance on for such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xix) the Yield Supplement Overcollateralization Amount for such the related Payment Date;
(xix) the amount of Available Collections for the related Collection Period;
(xiixi) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiiixii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xivxiii) any material modifications, extensions or waivers to Receivables terms, fees, fees penalties or payments during the related Collection Period;
(xiv) any material breaches of representations, warranties or that have cumulatively become material over timecovenants related to the Receivables;
(xv) any material breaches new issuance of representations and warranties made with respect to notes or other securities backed by the Receivables, or covenants, contained ;
(xvi) any material change in the Basic Documentsunderwriting, origination or acquisition of Receivables; and
(xvixvii) whether a Delinquency Trigger has occurred as within the previous [__] days and, if applicable, the rights of the end of the related Collection PeriodNoteholders regarding an Asset Representations Review.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and each Paying Agent) for the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(i) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xij) the amount of Available Collections for the related Collection Period;; [and]
(xiik) delinquency and loss information with respect to the Receivables Delinquency Percentage for the related Collection Period[;][.]
(xiiil) [the balance of the Risk Retention Reserve Account on the related Payment Date after giving effect to withdrawals to be made on such Payment Date, if any; and]
(m) [the amount and application of any material change in practices funds withdrawn from and the amount of any deposit to the Risk Retention Reserve Account with respect to charge-offssuch Payment Date, collection and management if any.] Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a dollar amount per $1,000 of delinquent Receivablesthe Initial Note Balance of the Notes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the effect Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “[ ]” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any grace period, re-aging, re-structuring, partial payments changes in the address of means or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect access to the Receivables, or covenants, contained in Internet website where the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodreports are accessible.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to each Rating Agency, the Rating Agencies Issuer and each Paying Agent) for the Indenture Trustee (who shall forward, on the applicable Payment Date, to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date), a statement substantially in the form of Exhibit A, setting forth at least for the Collection Period and Payment Date relating to such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
Repurchased Receivables paid by (ixi) the balance of the Reserve Account on such Payment Date Servicer and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xii) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for Seller with respect to the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiiia) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xivg) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect above relating to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether Notes shall be expressed as a Delinquency Trigger has occurred as dollar amount per $1,000 of the end initial principal balance of the related Collection PeriodNotes (or Class thereof).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2003-2)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, Date and to the Owner Trustee (with a copy to each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, Date a statement substantially in the form of Exhibit A, to the holder of the Revolving Liquidity Note (unless TMCC or an Affiliate thereof is the holder of the Revolving Liquidity Note at the time of delivery), setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on in respect of each Class of Notes;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the CertificateholdersCertificateholder in respect of principal on or with respect to the Subordinated Seller's Interest;
(iv) any excess amounts paid or distributed to the number of Receivables, Certificateholder;
(v) the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related preceding Collection Period;
(vvi) the Outstanding Amount, the Class A‑1 A-1 Principal Balance, the Class A‑2 A-2 Principal Balance, the Class A‑3 A-3 Principal Balance, the Class A‑4 A-4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vivii) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DatePeriod;
(viiviii) the amount of any Class A‑1 A-1 Interest Carryover Shortfall, Class A‑2 A-2 Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 A-3 Interest Carryover Shortfall and Class B A-4 Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viiiix) the aggregate amount of Payments Ahead on deposit in the Payahead Account or held by the Servicer with respect to the related Receivables and the change in such amount from the immediately preceding Payment Date;
(x) the amount of fees, expenses and indemnification amounts due and payable to each Advances made in respect of the Indenture Trustee, the Owner Trustee related Receivables and the Asset Representations Reviewer, before related Collection Period and after giving effect to payments the amount of unreimbursed Advances on such Payment Date;
(ixxi) the amount of draws made under the Revolving Liquidity Note Agreement; and
(xii) the balance of the any Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Toyota Motor Credit Corp)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, Date and to the Owner Trustee (with a copy to each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, Date a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on in respect of each Class of Notes;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the CertificateholdersCertificateholder;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 A-1 Principal Balance, the Class A‑2 A-2 Principal Balance, the Class A‑3 A-3 Principal Balance, the Class A‑4 A-4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DatePeriod;
(vii) the amount of any Class A‑1 A-1 Interest Carryover Shortfall, Class A‑2 A-2 Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 A-3 Interest Carryover Shortfall and Class B A-4 Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the aggregate amount of fees, expenses and indemnification amounts due and payable Payments Ahead on deposit in the Payahead Account or held by the Servicer with respect to each of the Indenture Trustee, the Owner Trustee related Receivables and the Asset Representations Reviewer, before and after giving effect to payments on change in such amount from the immediately preceding Payment Date;
(ix) the amount of Advances made in respect of the related Receivables and the related Collection Period and the amount of unreimbursed Advances on such Payment Date; and
(x) the balance of the any Reserve Account on such Payment Date and the Specified Reserve Account Balance Amount on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Toyota Motor Credit Receivables Corp)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for , and the Indenture Trustee to shall forward (or make available on its website, as described below) such Payment Date copy to each Paying Agent of the Rating Agencies[, the Swap Counterparty], the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance[ and the Class B Note Balance], in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution amount deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, Second Priority Allocation of Principal Distribution Amount, and the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notesfor such Payment Date;
(iiie) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(i) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xij) the amount of Available Collections for the related Collection Period;
(xiik) delinquency [the Net Swap Receipts and loss information with respect Net Swap Payment, if any;]
(l) [the Senior Swap Termination Payment and Subordinated Swap Termination Payment, if any;]
(m) [the Swap Replacement Proceeds, if any; and]
(n) [the Swap Termination Payment, if any.] Each amount set forth pursuant to paragraph (a) or (g) above relating to the Receivables Notes shall be expressed as a dollar amount per $1,000 of the Initial Note Balance of the Notes (or Class thereof). The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. provided, however, that the Indenture Trustee, shall, if requested by any Rating Agency, deliver any reports or notices under this Section 4.6 in writing to such Rating Agency. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “[ ]” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the related Collection Period;
(xiii) any material change dissemination of information in practices accordance with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodthis Agreement.
Appears in 1 contract
Samples: Servicing Agreement (Fifth Third Holdings Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and each Paying Agent) for the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(i) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xij) the amount of Available Collections for the related Collection Period;; [and]
(xiik) delinquency and loss information with respect to the Receivables Delinquency Percentage for the related Collection Period[;][.]
(xiiil) [the balance of the Risk Retention Reserve Account on the related Payment Date after giving effect to withdrawals to be made on such Payment Date, if any; and]
(m) [the amount and application of any material change in practices funds withdrawn from the Risk Retention Reserve Account with respect to charge-offssuch Payment Date, collection and management if any.] Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a dollar amount per $1,000 of delinquent Receivablesthe Initial Note Balance of the Notes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the effect Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “[ ]” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any grace period, re-aging, re-structuring, partial payments changes in the address of means or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect access to the Receivables, or covenants, contained in Internet website where the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodreports are accessible.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below to the Issuer [, the Swap Counterparty] and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivablessuch Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(i) the amount on deposit in the Yield Supplement Account and the Yield Supplement Account Amount, each as of the beginning and end of the related Collection Period, (ii) the Yield Supplement Account Draw Amount to be withdrawn from the Yield Supplement Account on such Payment Date, (iii) the balance on deposit in the Yield Supplement Account on such Payment Date after giving effect to withdrawals therefrom in respect of such Payment Date and (iv) the change in such balance from the immediately preceding Payment Date;
(e) the First Allocation of Principal and the Second Allocation of Principal for such Payment Date;
(f) the Net Pool Balance and the Adjusted Pool Balance Principal Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vig) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viih) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiii) the aggregate Repurchase Price with respect to Repurchased Receivables with respect to the related Collection Period;
(j) [the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;]
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xik) the amount of Available Collections for the related Collection Period;
(xiil) delinquency [the Net Swap Receipts and loss information with respect to the Receivables for the related Collection PeriodNet Swap Payment, if any;]
(xiiim) any material change in practices with respect [the Senior Swap Termination Payment and Subordinated Swap Termination Payment, if any;]
(n) [the Swap Replacement Proceeds, if any; and]
(o) [the Swap Termination Payment, if any.] No disbursements shall be made directly by the Servicer to charge-offs, collection and management of delinquent Receivablesa Noteholder, and the effect of Servicer shall not be required to maintain any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect investor record relating to the Receivablesposting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by the Servicer by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or covenantswarranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at [ ] or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, contained in the Basic Documents; and
(xvi) whether Servicer, the Issuer or any Paying Agent. The Indenture Trustee will forward a Delinquency Trigger has occurred as hard copy of the end reports or notices required to be provided by the Indenture Trustee under this Section 4.6 to each Noteholder promptly after it becomes aware that the reports or notices are not accessible on its internet website. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the related Collection Perioddissemination of information in accordance with this Agreement.
Appears in 1 contract
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below to the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution AmountSpecified Reserve Account Balance for such Payment Date, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to deposited in the Certificateholders;
Reserve Account in respect of such Payment Date, if any, (iv) the number Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (v) the balance on deposit in the 15 Sale and Servicing Agreement (USAA 2009-2) Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (vi) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal and the Second Allocation of Principal for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Principal Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect Repurchased Receivables with respect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
(xiii) any material change in practices with respect . No disbursements shall be made directly by the Servicer to charge-offs, collection and management of delinquent Receivablesa Noteholder, and the effect of Servicer shall not be required to maintain any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect investor record relating to the Receivablesposting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by the Servicer by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or covenantswarranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxxxxxxxxxxxxxxxxxxx.xxxxxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, contained in the Basic Documents; and
(xvi) whether Servicer, the Issuer or any Paying Agent. The Indenture Trustee will forward a Delinquency Trigger has occurred as hard copy of the end reports or notices required to be provided by the Indenture Trustee under this Section 4.6 to each Noteholder promptly after it becomes aware that the reports or notices are not accessible on its internet website. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the related Collection Period.dissemination of information in accordance with this Agreement. 16 Sale and Servicing Agreement (USAA 2009-2)
Appears in 1 contract
Samples: Sale and Servicing Agreement (USAA Auto Owner Trust 2009-2)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below to the Issuer and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal and the Second Allocation of Principal for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect Repurchased Receivables with respect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
(xiii) any material change in practices with respect . No disbursements shall be made directly by the Servicer to charge-offs, collection and management of delinquent Receivablesa Noteholder, and the effect of Servicer shall not be required to maintain any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect investor record relating to the Receivablesposting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by the Servicer by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or covenantswarranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, contained the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodaccordance with this Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (USAA Auto Owner Trust 2008-3)
Statements to Certificateholder and Noteholders. (a) On or prior before each Determination Date, the Servicer shall deliver to the Indenture Trustee and each Paying Agent (with a copy to each Rating Agency and the Issuer), and on each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee shall forward (with a copy or make available on its website, as described below) to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2[-A] Note Balance, [the Class A-2-B Note Balance,] the Class A-3 Note Balance and the Class A-4 Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the preceding Collection Period;
(f) the number of, and aggregate amount of monthly principal and interest payments due on, the related Receivables which are delinquent as of the end of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vig) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viih) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiii) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(j) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xik) the amount of Available Collections for the related Collection Period;
(xiil) delinquency the aggregate amount of proceeds received by the Servicer, net of reimbursable out-of-pocket expenses, in respect of a Receivable which is a Defaulted Receivable;
(m) the number and loss information outstanding balance of Receivables for which the related Financed Vehicle has been repossessed;
(n) [the amount remaining of any Yield Supplement Overcollateralization Amount, credit, or liquidity enhancement, if applicable;]
(o) [the balance of the Risk Retention Reserve Account on the related Payment Date after giving effect to withdrawals to be made on such Payment Date, if any;]
(p) [the amount and application of any funds withdrawn from and the amount of any deposit to the Risk Retention Reserve Account with respect to such Payment Date, if any;]
(q) the Receivables Delinquency Percentage for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvir) whether a the Delinquency Trigger has occurred for such Payment Date. Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a dollar amount per $1,000 of the end Initial Note Balance of the related Collection PeriodNotes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “[ ]” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address of or means of access to the Internet website where the reports are accessible.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below to the Issuer [, the Swap Counterparty] and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivablessuch Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(i) the amount on deposit in the Yield Supplement Account and the Yield Supplement Account Amount, each as of the beginning and end of the related Collection Period, (ii) the Yield Supplement Account Draw Amount to be withdrawn from the Yield Supplement Account on such Payment Date, (iii) the balance on deposit in the Yield Supplement Account on such Payment Date after giving effect to withdrawals therefrom in respect of such Payment Date and (iv) the change in such balance from the immediately preceding Payment Date;
(e) the First Allocation of Principal and the Second Allocation of Principal for such Payment Date; 16 Sale and Servicing Agreement (USAA 20[ ]-[ ])
(f) the Net Pool Balance and the Adjusted Pool Balance Principal Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vig) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viih) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiii) the aggregate Repurchase Price with respect to Repurchased Receivables with respect to the related Collection Period;
(j) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xik) the amount of Available Collections for the related Collection Period;
(xiil) delinquency [the Net Swap Receipts and loss information with respect to the Receivables for the related Collection PeriodNet Swap Payment, if any;]
(xiiim) any material change in practices with respect [the Senior Swap Termination Payment and Subordinated Swap Termination Payment, if any;]
(n) [the Swap Replacement Proceeds, if any; and]
(o) [the Swap Termination Payment, if any.] No disbursements shall be made directly by the Servicer to charge-offs, collection and management of delinquent Receivablesa Noteholder, and the effect of Servicer shall not be required to maintain any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect investor record relating to the Receivablesposting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by the Servicer by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or covenantswarranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at [ ] or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, contained in the Basic Documents; and
(xvi) whether Servicer, the Issuer or any Paying Agent. The Indenture Trustee will forward a Delinquency Trigger has occurred as hard copy of the end reports or notices required to be provided by the Indenture Trustee under this Section 4.6 to each Noteholder promptly after it becomes aware that the reports or notices are not accessible on its internet website. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the related Collection Period.dissemination of information in accordance with this Agreement. 17 Sale and Servicing Agreement (USAA 20[ ]-[ ])
Appears in 1 contract
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Determination Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and Agencies) for the Trustee to forward to each Noteholder of record, to each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, if any, and to the Owner Trustee for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Daterecord, a statement substantially in the form of Exhibit AB and Exhibit C, respectively, setting forth at least the following information as to the Notes and the Certificate Certificates to the extent applicable:
(i) the amount paid or distributed in respect of interest on such distribution allocable to principal of each Class class of NotesNotes and to the Certificate Balance of the Certificates;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal such distribution allocable to interest on or with respect to each Class class of NotesNotes and to the Certificates;
(iii) the amount paid or distributed aggregate outstanding principal balance of each class of the Notes and the Certificate Balance after giving effect to the Certificateholderspayments allocated to principal reported under (i) above;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Total Servicing Fee paid to the Servicer with respect to the related Collection Period and Due Period;
(v) The amount of the Monthly Advances payment to be made on the Determination Date;
(vi) the amount of any unpaid Basic Servicing Fees from the prior Payment Dateaggregate Realized Losses, if any, for such Due Period;
(vii) the Reserve Account Transfer Amount, if any, for such Distribution Date, the average of the Charge-off Rates and the Delinquency Percentages for the three preceding Due Periods, the Specified Reserve Account Balance for such Distribution Date, the amount distributed to the Seller from the Reserve Account on such Distribution Date, and the balance of any Class A‑1 Interest Carryover Shortfallthe Reserve Account (if any) on such Distribution Date, Class A‑2 Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest changes therein on such Payment Date, and the change in such amounts from the preceding Payment Distribution Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture TrusteeNoteholders' Interest Carryover Shortfall, the Owner Trustee Certificateholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, and the Asset Representations Reviewer, before and after giving effect to payments on such Payment DateCertificateholders' Principal Carryover Shortfall;
(ix) the balance of amounts which are reimbursable to the Reserve Account on such Payment Date Servicer for Reimbursable Amounts and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment DateNonrecoverable Advances;
(x) the Yield Supplement Overcollateralization Amount amount of Servicing Advances for such Payment Date;the preceding Due Period; and
(xi) the amount of Available Collections for aggregate Purchase Price paid by the related Collection Period;
(xii) delinquency and loss information Seller or the Servicer with respect to the Receivables for the related Collection Due Period;
. Each amount set forth pursuant to paragraph (xiiii), (ii), (vi) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xivxi) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether above shall be expressed as a Delinquency Trigger has occurred as dollar amount per $1,000 of the end initial principal balance of the related Collection PeriodNotes (or class thereof) or the initial Certificate Balance, as applicable.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Determination Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the each Rating Agencies and each Paying AgentAgency) written instructions for the Indenture Trustee to forward on such Payment Date to each Noteholder of record, to each Paying Agent and each Noteholder of record as of the most recent Record DateAgent, if any, and to Owner Trustee for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Daterecord, a statement substantially in the form of Exhibit A, setting forth at least the following information (based on the information contained in the Servicer's Report delivered on the related Determination Date pursuant to Section 4.9) as to the Notes and the Certificate Certificates to the extent applicable:
(ia) the amount paid or distributed in respect of interest on such distribution allocable to principal of each Class class of Notes;
(iib) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal such distribution allocable to interest on or with respect to each Class class of Notes;
(iiic) the Reserve Account Transfer Amount, if any, for such Payment Date, the Specified Reserve Balance for such Payment Date, the amount deposited into the Reserve Account on such Payment Date, and the balance of the Reserve Account (if any) on such Payment Date, after giving effect to changes therein on such Payment Date;
(d) the amount of the Servicing Fee paid or distributed to Servicer with respect to the Certificateholdersrelated Collection Period and with respect to previously accrued and unpaid Servicing Fees;
(ive) the number Noteholders' Interest Carryover Shortfall if any, in each case as applicable to each class of ReceivablesSecurities, the Pool Balance and the Adjusted change in such amounts from the preceding statement;
(f) the amount of any previously due and unpaid payment of principal on the Notes, and the change in such amount from that of the prior Payment Date;
(g) the aggregate outstanding principal balance of each class of the Notes and the Note Pool Factor for each such class after giving effect to payments allocated to principal reported under clause (a) above;
(h) the aggregate Purchase Amounts paid by Servicer with respect to the related Collection Period;
(i) the Pool Balance as of the close of business on the first last day of the preceding Collection Period;
(j) the number, and aggregate Principal Balance outstanding, of Receivables past due 30-59, 60-89 and 90 and over days;
(k) the weighted average Contract Rates of the Receivables, weighted based on the Principal Balance of each such Receivable as of the last day of the related Collection Period;
(vl) the Outstanding Amountweighted average remaining term to maturity of the Receivables, weighted based on the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for of each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount Receivable as of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount last day of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xiim) delinquency and loss information with respect to the amount of the aggregate Principal Balances of any Receivables that became Defaulted Receivables, if any, during such Collection Period;
(n) the aggregate net losses on the Receivables for incurred during the period from the Cutoff Date to and including the last day of the related Collection Period;
(xiiio) any material change in practices with respect the amount distributed to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic DocumentsCertificateholders; and
(xvip) whether the amount of Outstanding Simple Interest Advances on such Payment Date. Each amount set forth pursuant to paragraph (a), (b), (e) or (f) above relating to the Notes shall be expressed as a Delinquency Trigger has occurred as dollar amount per $1,000 of the end initial principal balance of the related Collection PeriodNotes (or Class thereof).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Bond Securitization LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to each Rating Agency and the Rating Agencies and each Paying AgentIssuer) for the Indenture Trustee to forward forward, on such the applicable Payment Date Date, to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
Repurchased Receivables paid by (ixi) the balance of the Reserve Account on such Payment Date Servicer and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xii) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for Seller with respect to the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiiia) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xivg) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect above relating to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether Notes shall be expressed as a Delinquency Trigger has occurred as dollar amount per $1,000 of the end initial principal balance of the related Collection PeriodNotes (or Class thereof).
Appears in 1 contract
Samples: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2003-1)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and each Paying Agent) for the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
Repurchased Receivables paid by (ixi) the balance of the Reserve Account on such Payment Date Servicer and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xii) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for Seller with respect to the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiiia) any material change in practices with respect or (g) above relating to charge-offs, collection and management the Notes shall be expressed as a dollar amount per $1,000 of delinquent Receivablesthe Initial Note Balance of the Notes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the effect Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “[ ]” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any grace period, re-aging, re-structuring, partial payments changes in the address or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions means or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect access to the Receivables, or covenants, contained in Internet website where the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodreports are accessible.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of NotesNotes [, including the Benchmark for the related Interest Period];
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A‑2[a] Principal Balance, [the Class A-2b Principal Balance,] the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A‑2[a] Interest Carryover Shortfall, [Class X-0x Xxxxxxxx Xxxxxxxxx Shortfall,] Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to the second Business Day preceding each Payment Datepayment date, the Servicer shall will provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and and, on each Paying Agent) for payment date, the Indenture Trustee to will forward on such Payment Date or otherwise make available to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, noteholder a statement substantially in (prepared by the form of Exhibit A, Servicer) setting forth at least for that payment date and the related Collection Period the following information (or such other substantially similar information so long as to such information satisfies the Notes and the Certificate to the extent applicable:requirements of Item 1121 of Regulation AB):
(ia) the amount paid or distributed in respect of interest on each Class of Notes;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal distribution on or with respect to each Class of NotesNotes allocable to Principal;
(iiib) the amount paid of the distribution on or distributed with respect to the Certificateholderseach Class of Notes allocable to Interest;
(ivc) the number of ReceivablesClass A-1 Note Balance, the Pool Balance Class A-2[a] Note Balance[, the Class A-2b Note Balance], the Class A-3 Note Balance, the Class A-4 Note Balance, [and the Adjusted Pool Balance Class B Note Balance,] in each case after giving effect to payments on such payment date;
(d) the First Allocation of Principal[, the Second Allocation of Principal] and the Regular Allocation of Principal for such payment date;
(e) [the number of, and aggregate amount of monthly principal and interest payments due on, the related Receivables which are delinquent as of the close end of business on the first day and related Collection Period;]
(f) the last day Delinquency Percentage;
(g) the Aggregate Principal Balance of 60-Day Delinquent Receivables as of the end of the related Collection Period;
(vh) whether the Outstanding Amount, Delinquency Percentage exceeds the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment DateDelinquency Trigger;
(vii) the amount of the Basic aggregate Servicing Fee paid to the Servicer with respect to the related Collection Period and Receivables, the amount of any unpaid Basic Servicing Fees and the change in such amount from that of the prior Payment Date;
(viij) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect fees paid to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before the amount of any unpaid fees to the Indenture Trustee, Owner Trustee and after giving effect to payments on the Asset Representations Reviewer and any changes in such amount from the prior Payment Date;
(ixi) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance of on deposit in the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to such changes thereto on in such balance from the immediately preceding Payment Date;
(xl) [the Yield Supplement Overcollateralization Amount amount available in the Collection Account for such Payment Date;
(xi) payment of the aggregate amount payable or distributable on the Notes, the amount of Available Collections for any Principal or Interest shortfall with respect to each Class of Notes and the amount required from any applicable credit enhancement provider to pay any shortfall;]
(m) the aggregate Repurchase Price with respect to Repurchased Receivables paid by the Servicer or the Sponsor with respect to the related Collection Period;
(xiin) delinquency the number of Receivables that are 31-60, 61-90, 91-120 and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of over 120 days delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period;
(o) the aggregate Outstanding Principal Balance of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period;
(p) the percentage of the total aggregate Outstanding Principal Balance of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period;
(q) [the amount, if any, reinvested in Additional Receivables during the Revolving period, if any;]
(r) [if applicable, whether the revolving period has terminated early due to the occurrence of an Early Amortization Event;]
(s) the Pool Factor and the Note Factor; and
(t) the Pool Balance. No disbursements shall be made directly by the Servicer to a Noteholder, and the Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by the Servicer by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “[ ]” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Porsche Auto Funding LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee each Paying Agent (with a copy to each Rating Agency and the Rating Agencies Issuer), and on each Paying Agent) for Payment Date the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance and the Class A-4 Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the preceding Collection Period;
(f) the number of, and aggregate amount of monthly principal and interest payments due on, the related Receivables which are delinquent as of the end of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vig) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viih) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiii) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(j) the amount of feesAdvances, expenses and indemnification amounts due and payable to each of the Indenture Trusteeif any, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xik) the amount of Available Collections for the related Collection Period;
(xiil) delinquency the aggregate amount of proceeds received by the Servicer, net of reimbursable out-of-pocket expenses, in respect of a Receivable which is a Defaulted Receivable;
(m) the number and loss information with respect to outstanding balance of Receivables for which the Receivables related Financed Vehicle has been repossessed;
(n) the amount remaining of any Yield Supplement Overcollateralization Amount, credit, or liquidity enhancement, if applicable;
(o) the Delinquency Percentage for the related Collection Period;
(xiiip) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experienceDelinquency Trigger for such Payment Date;
(xivq) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic DocumentsSOFR Adjustment Conforming Changes; and
(xvir) whether if a Delinquency Trigger has occurred Benchmark Transition Event occurs, the Benchmark Replacement Date, the Benchmark Replacement and the Benchmark Replacement Conforming Changes for the Class A-2-B Notes for the related Interest Period. Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a dollar amount per $1,000 of the end Initial Note Balance of the related Collection PeriodNotes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at hxxxx://xxxxx.xxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address of or means of access to the Internet website where the reports are accessible.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on in respect of each Class of Notes[, including LIBOR (as determined by the Indenture Trustee) for the related Interest Period];
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the CertificateholdersCertificateholder;
(iv) the number of ReceivablesPool Balance, the Pool Balance and the Adjusted Pool Balance and number of Receivables as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 A-1 Principal Balance, the Class A‑2 A-2[a] Principal Balance, [the Class A-2b Principal Balance,] the Class A-3 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 A-4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 A-1 Interest Carryover Shortfall, Class A‑2 A-2[a] Interest Carryover Shortfall, [Class X-0x Xxxxxxxx Xxxxxxxxx Shortfall, ]Class A-3 Interest Carryover Shortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 A-4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the any Reserve Account on such Payment Date and the Specified Reserve Account Balance on for such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xix) the Yield Supplement Overcollateralization Amount for such the related Payment Date;
(xix) the amount of Available Collections for the related Collection Period;
(xiixi) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiiixii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xivxiii) any material modifications, extensions or waivers to Receivables terms, fees, fees penalties or payments during the related Collection Period;
(xiv) any material breaches of representations, warranties or that have cumulatively become material over timecovenants related to the Receivables;
(xv) any material breaches new issuance of representations and warranties made with respect to notes or other securities backed by the Receivables, or covenants, contained ;
(xvi) any material change in the Basic Documentsunderwriting, origination or acquisition of Receivables; and
(xvixvii) whether a Delinquency Trigger has occurred as of within the end of the related Collection Periodprevious [__] days.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to either, at the option of the Indenture Trustee, forward or otherwise make available on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes, including the Benchmark (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A-2[a] Principal Balance, [the Class A-2b Principal Balance,] the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A-2[a] Interest Carryover Shortfall, [Class A-2b Interest Carryover Shortfall,] Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and;
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period[.][; and]
(xvii) [notice of the occurrence of a Benchmark Transition Event and its related Benchmark Replacement Date, the determination of a Benchmark Replacement and the making of any Benchmark Replacement Conforming Changes.]
Appears in 1 contract
Samples: Sale and Servicing Agreement (Toyota Auto Finance Receivables LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and each Paying Agent, and the Owner Indenture Trustee (with a shall forward such copy to each of the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Certificate Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution amount deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Second Priority Principal Distribution AmountReserve Account on such Payment Date, (iv) the Regular balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Noteholders’ Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of NotesCertificateholders’ Principal Distribution Amount, if any, for such Payment Date;
(iiie) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
Repurchased Receivables paid by (ixi) the balance of the Reserve Account on such Payment Date Servicer and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xii) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for Seller with respect to the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiiia) or (g) above relating to the Notes shall be expressed as a dollar amount per $1,000 of the Initial Note Balance of the Notes (or Class thereof). The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any material change other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by electronic mail to each Rating Agency. The Indenture Trustee will make no representation or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “wxx.xxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in practices writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with respect providing access to charge-offsthe Indenture Trustee’s internet website, collection and management of delinquent Receivables, the Indenture Trustee may require registration and the effect acceptance of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during a disclaimer. The Indenture Trustee shall not be liable for the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches dissemination of representations and warranties made information in accordance with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodthis Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Volkswagen Auto Loan Enhanced Trust 2005-1)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and each Paying Agent, and the Owner Indenture Trustee (with a shall forward such copy to each of the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Certificate Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivables, such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the Principal Distribution Amount for such Payment Date;
(e) the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any Class A‑1 the Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the amount of fees, expenses and indemnification amounts due and payable aggregate Repurchase Price with respect to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
Repurchased Receivables paid by (ixi) the balance of the Reserve Account on such Payment Date Servicer and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(xii) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for Seller with respect to the related Collection Period;
(xiii) delinquency and loss information with respect to the Receivables amount of Advances, if any, on such Payment Date; and
(j) the amount of Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiiia) any material change in practices with respect or (g) above relating to charge-offs, collection and management the Notes shall be expressed as a dollar amount per $1,000 of delinquent Receivablesthe Initial Note Balance of the Notes (or Class thereof). No disbursements shall be made directly by the Servicer to a Noteholder, and the effect of Servicer shall not be required to maintain any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect investor record relating to the Receivablesposting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6, provided, however, that the Indenture Trustee, shall, if requested by any Rating Agency, deliver any reports or covenantsnotices under this Section 4.6 in writing to such Rating Agency. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, contained however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “[ ]” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Basic Documents; and
(xvi) whether Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a Delinquency Trigger has occurred as disclaimer. The Indenture Trustee shall not be liable for the dissemination of the end of the related Collection Periodinformation in accordance with this Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Volkswagen Auto Lease/Loan Underwritten Funding, LLC)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below to the Issuer [, the Swap Counterparty] and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2[-A] Note Balance, [the Class A-2-B Note Balance,] the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance in each case after giving effect to payments on such Payment Date; 15 Sale and Servicing Agreement (USAA 20[ ]-[ ])
(c) (i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution Amount, amount deposited in the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed Reserve Account in respect of principal on or with respect to each Class of Notes;
such Payment Date, if any, (iii) the amount paid or distributed Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Certificateholders;
Reserve Account on such Payment Date, (iv) the number balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivablessuch Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(i) the amount on deposit in the Yield Supplement Account and the Yield Supplement Account Amount, each as of the beginning and end of the related Collection Period, (ii) the Yield Supplement Account Draw Amount to be withdrawn from the Yield Supplement Account on such Payment Date, (iii) the balance on deposit in the Yield Supplement Account on such Payment Date after giving effect to withdrawals therefrom in respect of such Payment Date and (iv) the change in such balance from the immediately preceding Payment Date;
(e) the First Allocation of Principal, the Second Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(f) the Net Pool Balance and the Adjusted Pool Balance Principal Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vig) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees Fees;
(h) the amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the prior Payment Date;
(viii) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiij) the aggregate Repurchase Price with respect to Repurchased Receivables with respect to the related Collection Period;
(k) the aggregate outstanding principal balance of Receivables that are 30-59, 60-89, 90-119 and over 119 days delinquent as of the end of the related Collection Period;
(l) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xiim) delinquency [the Net Swap Receipts and loss information with respect to Net Swap Payment, if any;]
(n) [the Receivables Senior Swap Termination Payment and Subordinated Swap Termination Payment, if any;]
(o) [the Swap Replacement Proceeds, if any;] 16 Sale and Servicing Agreement (USAA 20[ ]-[ ])
(p) [the Swap Termination Payment, if any;]
(q) the Delinquency Percentage for the related Collection Period;
(xiiir) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and whether the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during Delinquency Percentage exceeds the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic DocumentsDelinquency Trigger for such Payment Date; and
(xvis) whether a Delinquency Trigger has occurred the number of Receivables that are 30-59, 60-89, 90-119 and over 119 days delinquent as of the end of the related Collection Period. No disbursements shall be made directly by the Servicer to a Noteholder, and the Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by the Servicer by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at [ ] or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. The Indenture Trustee will forward a hard copy of the reports or notices required to be provided by the Indenture Trustee under this Section 4.6 to each Noteholder promptly after it becomes aware that the reports or notices are not accessible on its internet website. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement.
Appears in 1 contract
Statements to Certificateholder and Noteholders. (a) On or prior to Before each Payment Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below to the Issuer [, the Swap Counterparty] and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Payment Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the applicable Record Date, Determination Date and Payment Date;
(b) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(iic) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal A-1 Note Balance, the Class A‑2 Principal A-2[-A] Note Balance, [the Class A-2-B Note Balance,] the Class A-3 Note Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal A-4 Note Balance, the Class B Principal Note Balance and the Note Pool Principal Factor for with respect to each Class of Notes, in each case before and after giving effect to all payments on such Payment Date; 16 Sale and Servicing Agreement (USAA 20[ ]-[ ])
(d) (i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount deposited in the Reserve Account in respect of principal such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(e) [(i) the amount on deposit in the Yield Supplement Account and the Yield Supplement Account Amount, each as of the beginning and end of the related Collection Period, (ii) the Yield Supplement Account Draw Amount to be withdrawn from the Yield Supplement Account on such Payment Date, (iii) the balance on deposit in the Yield Supplement Account on such Payment Date after giving effect to withdrawals therefrom in respect of such Payment Date and (iv) the change in such balance from the immediately preceding Payment Date;]
(f) the First Allocation of Principal, the Second Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(vig) the number of Receivables and the Net Pool Balance as of the beginning of business on the first day of the preceding Collection Period and the close of business of the last day of the preceding Collection Period;
(h) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees Fees, and the change in such amount from that of the prior Payment Date;
(viii) the amount of fees to be paid to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in each such amount from that of the prior Payment Date;
(j) the amount of the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiik) the amount of fees, expenses and indemnification amounts any shortfall in principal payments due and payable to each of the Indenture Trustee, the Owner Trustee Class A Noteholders and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account Class B Noteholders on such Payment Date and the Specified Reserve Account Balance on change in such Payment Date, before and after giving effect to changes thereto on such amounts from the preceding Payment Date;
(xl) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for aggregate Repurchase Price with respect to Repurchased Receivables with respect to the related Collection Period;
; (xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xivm) any material modifications, extensions or waivers to Receivables the Transferred Assets’ terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xvn) any material breaches of the representations and warranties made in the Transaction Documents with respect to the Receivables, or covenants, contained in the Basic Documents; andTransferred Assets;
(xvio) whether a Delinquency Trigger has occurred the Outstanding Principal Balance of Receivables that are 30-59, 60-89, 90-119 and over 119 days delinquent as of the end of the related Collection Period;
(p) [the Net Swap Receipts and Net Swap Payment, if any;]
(q) [the Senior Swap Termination Payment and Subordinated Swap Termination Payment, if any;] (r) the number of Receivables that are 30-59, 60-89, 90-119 and over 119 days delinquent as of the end of the related Collection Period;
(s) the percentage of the Net Pool Balance of Receivables that are 30-59, 60-89, 90-119 and over 119 days delinquent as of the end of the related Collection Period;
(t) the amount of Collections for the related Collection Period and any fees and expenses of the Issuer paid with respect to the Collection Period;
(u) the aggregate amount of losses realized on the Receivables during the related Collection Period;
(v) the number of 60-Day Delinquent Receivables as of the end of the related Collection Period;
(w) the Outstanding Principal Balance of 60-Day Delinquent Receivables as of the end of the related Collection Period;
(x) the Delinquency Percentage, and whether the Delinquency Percentage exceeds the Delinquency Trigger for such Payment Date;
(y) whether and when the Instituting Noteholders have elected to initiate a vote to determine whether the Asset Representations Reviewer should conduct an Asset Representations Review with respect to the Subject Receivables;
(z) whether Noteholders representing at least a majority of the voting Noteholders vote in favor of directing an Asset Representations Review of the Subject Receivables by the Asset Representations Reviewer;
(aa) a summary of the findings and conclusions of any Asset Representations Review of the Subject Receivables by the Asset Representations Reviewer;
(bb) if applicable, a statement that the Servicer has received a communication request from a Noteholder interested in communicating with other Noteholders regarding the possibility of exercising rights under the Transaction Documents and the name and contact information for the requesting Noteholder and the date such request was received; and 18 Sale and Servicing Agreement (USAA 20[ ]-[ ]) (cc) if applicable, information with respect to any change in the Asset Representations Reviewer as required by Item 1111(h) and Item 1125 of Regulation AB. No disbursements shall be made directly by the Servicer to a Noteholder, and the Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner; provided, however, any such information that must be delivered to the Rating Agencies under this Section 4.6 shall be sent by the Servicer by electronic mail to each Rating Agency. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at [ ] or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. The Indenture Trustee will forward a hard copy of the reports or notices required to be provided by the Indenture Trustee under this Section 4.6 to Noteholders promptly upon Noteholder request, if such reports or notices are not accessible on its internet website. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement.
Appears in 1 contract
Statements to Certificateholder and Noteholders. (a) On or prior to Before each Payment Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to Trustee, each Paying Agent and the Rating Agencies, and the Indenture Trustee shall make available on its website, as described below to the Issuer [, the Swap Counterparty] and to each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Payment Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the applicable Record Date, Determination Date and Payment Date;
(b) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(iic) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal A-1 Note Balance, the Class A‑2 Principal A-2[-A] Note Balance, [the Class A-2-B Note Balance,] the Class A-3 Note Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal A-4 Note Balance, the Class B Principal Note Balance and the Note Pool Principal Factor for with respect to each Class of Notes, in each case before and after giving effect to all payments on such Payment Date; 16 Sale and Servicing Agreement (USAA 20[ ]-[ ])
(d) (i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount deposited in the Reserve Account in respect of principal such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(e) [(i) the amount on deposit in the Yield Supplement Account and the Yield Supplement Account Amount, each as of the beginning and end of the related Collection Period, (ii) the Yield Supplement Account Draw Amount to be withdrawn from the Yield Supplement Account on such Payment Date, (iii) the balance on deposit in the Yield Supplement Account on such Payment Date after giving effect to withdrawals therefrom in respect of such Payment Date and (iv) the change in such balance from the immediately preceding Payment Date;]
(f) the First Allocation of Principal, the Second Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(vig) the number of Receivables and the Net Pool Balance as of the beginning of business on the first day of the preceding Collection Period and the close of business of the last day of the preceding Collection Period;
(h) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees Fees, and the change in such amount from that of the prior Payment Date;
(viii) the amount of fees to be paid to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in each such amount from that of the prior Payment Date;
(j) the amount of the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiik) the amount of fees, expenses and indemnification amounts any shortfall in principal payments due and payable to each of the Indenture Trustee, the Owner Trustee Class A Noteholders and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account Class B Noteholders on such Payment Date and the Specified Reserve Account Balance on change in such Payment Date, before and after giving effect to changes thereto on such amounts from the preceding Payment Date;
(xl) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for aggregate Repurchase Price with respect to Repurchased Receivables with respect to the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xivm) any material modifications, extensions or waivers to Receivables the Transferred Assets’ terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xvn) any material breaches of the representations and warranties made in the Transaction Documents with respect to the ReceivablesTransferred Assets; (o) the Outstanding Principal Balance of Receivables that are 30-59, or covenants60-89, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred 90-119 and over 119 days delinquent as of the end of the related Collection Period.;
(p) [the Net Swap Receipts and Net Swap Payment, if any;]
(q) [the Senior Swap Termination Payment and Subordinated Swap Termination Payment, if any;] (r) the number of Receivables that are 30-59, 60-89, 90-119 and over 119 days delinquent as of the end of the related Collection Period;
Appears in 1 contract
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee Paying Agent (with a copy to the Rating Agencies Issuer), and each Paying Agent) for the Indenture Trustee shall forward (or make available on its website, as described below) to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class A-4 Note Balance and the Class B Note Balance in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution AmountSpecified Reserve Account Balance for such Payment Date, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to deposited in the Certificateholders;
Reserve Account in respect of such Payment Date, if any, (iv) the number Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (v) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of Receivablessuch Payment Date and (vi) the change in such balance from the immediately preceding Payment Date;
(d) the Target Overcollateralization Amount for such Payment Date, and the actual amount of overcollateralization for such Payment Date;
(e) the First Allocation of Principal, the Second Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(f) the Net Pool Balance and the Adjusted Pool Balance Principal Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vig) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viih) the amount of the Administration Fee to be paid to the Administrator with respect to the related Collection Period and the amount of any unpaid Administration Fees;
(i) the amount of the Class A‑1 A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, Class A‑2 Interest Carryover Shortfallif any, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiij) the aggregate Repurchase Price with respect to Repurchased Receivables with respect to the related Collection Period, if any; and
(k) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
. Each amount set forth pursuant to paragraph (xiia) delinquency and loss information with respect or (g) above relating to the Receivables for Notes shall be expressed as a dollar amount per $1,000 of the related Collection Period;
Initial Note Balance of the Notes (xiii) any material change in practices with respect or Class thereof). No disbursements shall be made directly by the Servicer to charge-offs, collection and management of delinquent Receivablesa Noteholder, and the effect Servicer shall not be required to maintain any investor record relating to the posting of disbursements or otherwise. The Indenture Trustee shall make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at [ ] or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders, the Servicer and the Administrator in writing of any grace period, re-aging, re-structuring, partial payments changes in the address or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches means of representations and warranties made with respect access to the Receivables, or covenants, contained in Internet website where the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Periodreports are accessible.
Appears in 1 contract
Statements to Certificateholder and Noteholders. (a) On or prior to each Payment Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Indenture Trustee to forward on such Payment Date to each Paying Agent and each Noteholder of record as of the most recent Record Date, and for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least the following information as to the Notes and the Certificate to the extent applicable:
(i) the amount paid or distributed in respect of interest on each Class of Notes, including LIBOR (as determined by the Indenture Trustee) for the related Interest Period;
(ii) the First Priority Principal Distribution Amount, the Second Priority Principal Distribution Amount, the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notes;
(iii) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Pool Balance and the Adjusted Pool Balance as of the close of business on the first day and the last day of the related Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 A‑2a Principal Balance, the Class A-2b Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vi) the amount of the Basic Servicing Fee paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment Date;
(vii) the amount of any Class A‑1 Interest Carryover Shortfall, Class A‑2 A‑2a Interest Carryover Shortfall, Class A-0x Xxxxxxxx Xxxxxxxxx Xhortfall, Class A‑3 Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest on such Payment Date, and the change in such amounts from the preceding Payment Date;
(viii) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on for such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for the such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xii) delinquency and loss information with respect to the Receivables for the related Collection Period;
(xiii) any material change in practices with respect to charge-offs, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experience;
(xiv) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documents; and
(xvi) whether a Delinquency Trigger has occurred as of the end of the related Collection Period.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Toyota Auto Receivables 2017-C Owner Trust)
Statements to Certificateholder and Noteholders. (a) On or prior to before each Payment Determination Date, the Servicer shall provide deliver to the Indenture Trustee and the Owner Trustee (with a copy to Trustee, each of the Rating Agencies and each Paying Agent) for , and the Indenture Trustee shall forward (or make available on its website, as described below) such copy to forward on such Payment Date the Swap Counterparty, the Issuer and to each Paying Agent and each Noteholder of record as of the most recent Record Date, and a statement setting forth for the Owner Trustee Collection Period and Payment Date relating to forward to each Certificateholder of record as of the most recent Record Date, a statement substantially in the form of Exhibit A, setting forth at least such Determination Date the following information as to the Notes and the Certificate (to the extent applicable:):
(ia) the aggregate amount being paid or distributed on such Payment Date in respect of interest on and principal of each Class of Notes;
(b) the Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3-A Note Balance, the Class A-3-B Note Balance, the Class A-4-A Note Balance, the Class A-4-B Note Balance, the Class B Note Balance, the Class C Note Balance and the Class D Note Balance, in each case after giving effect to payments on such Payment Date;
(i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the First Priority Principal Distribution amount deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, Second Priority Allocation of Principal, the Third Allocation of Principal Distribution Amount, and the Regular Principal Distribution Amount and the amount paid or distributed in respect of principal on or with respect to each Class of Notesfor such Payment Date;
(iiie) the amount paid or distributed to the Certificateholders;
(iv) the number of Receivables, the Net Pool Balance and the Adjusted Pool Balance Note Factor as of the close of business on the first day and the last day of the related preceding Collection Period;
(v) the Outstanding Amount, the Class A‑1 Principal Balance, the Class A‑2 Principal Balance, the Class A‑3 Principal Balance, the Class A‑4 Principal Balance, the Class B Principal Balance and the Note Pool Factor for each Class of Notes, in each case before and after giving effect to all payments in respect of principal on such Payment Date;
(vif) the amount of the Basic Servicing Fee to be paid to the Servicer with respect to the related Collection Period and the amount of any unpaid Basic Servicing Fees from the prior Payment DateFees;
(viig) the amount of any the Class A‑1 A Noteholders’ Interest Carryover Shortfall, the Class A‑2 B Noteholders’ Interest Carryover Shortfall, the Class A‑3 C Noteholders’ Interest Carryover Shortfall and the Class D Noteholders’ Interest Carryover Shortfall, Class A‑4 Interest Carryover Shortfall and Class B Interest Carryover Shortfall after giving effect to all payments of interest if any, on such Payment Date, Date and the change in such amounts from the preceding Payment Date;
(viiih) the aggregate Repurchase Price with respect to Repurchased Receivables paid by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(i) the amount of fees, expenses and indemnification amounts due and payable to each of the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer, before and after giving effect to payments on such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date and the Specified Reserve Account Balance on such Payment Date, before and after giving effect to changes thereto on such Payment Date;
(x) the Yield Supplement Overcollateralization Amount for such Payment Date;
(xi) the amount of Available Collections for the related Collection Period;
(xiij) delinquency the Net Swap Receipts and loss information with respect to the Receivables for the related Collection PeriodNet Swap Payment, if any;
(xiiik) any material change in practices with respect to charge-offsthe Senior Swap Termination Payment and Subordinated Swap Termination Payment, collection and management of delinquent Receivables, and the effect of any grace period, re-aging, re-structuring, partial payments or other practices on delinquency and loss experienceif any;
(xivl) any material modificationsthe Swap Replacement Proceeds, extensions or waivers to Receivables terms, fees, penalties or payments during the related Collection Period, or that have cumulatively become material over time;
(xv) any material breaches of representations and warranties made with respect to the Receivables, or covenants, contained in the Basic Documentsif any; and
(xvim) whether the Swap Termination Payment, if any. Each amount set forth pursuant to paragraph (a) or (g) above relating to the Notes shall be expressed as a Delinquency Trigger has occurred as dollar amount per $1,000 of the end Initial Note Balance of the related Collection PeriodNotes (or Class thereof). The Indenture Trustee will make available via the Indenture Trustee’s internet website all reports or notices required to be provided by the Indenture Trustee under this Section 4.6. Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representations or warranties as to the accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Fifth Third Holdings Funding, LLC)