Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable: (i) the amount of such distribution allocable to principal of each Class of Notes; (ii) the amount of the distribution allocable to interest on each Class of Notes; (iii) the amount to be distributed to the Certificateholders; (iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period; (v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above; (vi) [Reserved]; (vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period; (viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period; (ix) the amount of the aggregate Realized Losses, if any, for such Collection Period; (x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period; (xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date; (xii) [Reserved]; (xiii) [Reserved]; (xiv) [Reserved]; (xv) [Reserved]; (xvi) [Reserved]; (xvii) [Reserved]; (xviii) [Reserved]; (xix) [Reserved]; (xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.
Appears in 18 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2022-A), Sale and Servicing Agreement (CNH Equipment Trust 2022-A), Sale and Servicing Agreement (CNH Equipment Trust 2021-C)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxhxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.
Appears in 9 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2024-A), Sale and Servicing Agreement (CNH Equipment Trust 2024-A), Sale and Servicing Agreement (CNH Equipment Trust 2023-B)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), Agencies and each Paying Agent) for the Indenture Trustee to make available forward to each Noteholder of record, and, if NH Credit or an Affiliate is not record as of the Servicer or the Depositor is not the sole Certificateholder, most recent Record Date and to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date with a copy to make the payment required under Section 5.2(aeach Paying Agent) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, record as of the most recent Record Date a statement substantially in the form of Exhibit C, B setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of allocable to each Class of NotesNotes and to the Certificates;
(ii) the amount of the such distribution allocable to interest on allocable to each Class of NotesNotes and to the Certificates;
(iii) the amount to be distributed to outstanding principal balance of each Class of Notes, the Certificateholders;
(iv) Note Pool Factor for each such Class, the Certificate Balance and the Certificate Pool Balance Factor as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(viiiv) the amount of the Servicing Fee paid to the Servicer with respect to the preceding related Collection Period;
(viiiv) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such with respect to the related Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xivi) the balance of the Spread Reserve Account on such Payment Determination Date after giving effect to deposits and withdrawals to be made on the next following Distribution Date, if any;
(vii) the aggregate Payahead Balance; and
(viii) the Pool Balance as of the close of business on the last day of the related Payment DateCollection Period, after giving effect to changes therein payments allocated to principal reported under subsection (a)(i) above, as reconciled. Each amount set forth reconciling amounts on such Payment Date;
the Distribution Date statement under clauses (xiii), (ii) [Reserved];
or (xiiiiv) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet websiteabove shall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate or Note, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 7 contracts
Samples: Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp), Sale and Servicing Agreement (Goldman Sachs Asset Backed Securities Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement shall also be provided to each Rating Agency) based on information in the form of Exhibit CServicer's Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed of the distribution allocable to the CertificateholdersYield Supplement Deposit, if any, plus reinvestment income, if any, on the Yield Supplement Account;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date;
(vi) the Noteholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, and the Certificateholders' Principal Carryover Shortfall, if any, with respect to each Class of Notes and the Certificates, and the change in such amounts from the preceding Distribution Date;
(vii) the Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Certificates, in each case after giving effect to all payments in respect of principal on such Distribution Date;
(viii) the amount of the Administration Fee paid to the Administrator Advances made in respect of the preceding Receivables during the related Collection PeriodPeriod and the amount of unreimbursed Advances on such Distribution Date;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account and the Yield Supplement Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xiix) [Reserved];the amount of defaults and net losses on the Receivables for the related Collection Period; and
(xiiixi) [Reserved];the number of delinquencies on the Receivables as a percentage of the number of Receivables.
(xivb) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have Trustee, as the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee case may be, shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in copies promptly after such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretorequests.
Appears in 7 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2001-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2002-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2002 B Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the amount of Advances made in respect of the aggregate Realized Losses, if any, for Receivables during the related Collection Period and the amount of unreimbursed Advances on such Collection PeriodDistribution Date;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xi) the amount of defaults and net losses on the Receivables for the related Collection Period;
(xii) [Reserved]the number of delinquencies on the Receivables as a percentage of the number of Receivables;
(xiii) [Reserved]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) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period (or that have cumulatively become material over time);
(xv) [Reserved]any material breaches of representations, warranties or covenants contained in the Receivables;
(xvi) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xvii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2015-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)
Statements to Certificateholders and Noteholders. (a) On or prior to each Determination Date Date, the Servicer (provided, that in the event the Backup Servicer is acting as successor Servicer, the Seller shall assist the Backup Servicer in the performance of its obligations under this Section 5.11) shall provide to the Indenture Trustee Trust Collateral Agent the Servicer’s Certificate (with a copy copies to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date . The Trust Collateral Agent will be required to make the payment required under Section 5.2(a) of Servicer’s Certificate related to such Distribution Date available to the Trust Agreement) or Noteholders, the Trustee (if Certificateholder, the Trustee is responsible on Initial Purchasers and the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Backup Servicer. Each Servicer’s Certificate will include, for the Indenture Trustee or Trusteeamong other things, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as with respect to each Class of the Notes and the Certificates with respect to the extent related Distribution Date, or the period since the previous Distribution Date, as applicable:
(i) the amount of such the related distribution allocable to principal of each Class of the Notes;
(ii) the amount of the related distribution allocable to interest on each Class of the Notes;
(iii) the amount to be distributed to of the Certificateholdersrelated distribution payable out of the Reserve Account;
(iv) the Pool Aggregate Outstanding Net Eligible Loan Balance, the Aggregate Outstanding Eligible Loan Balance and the aggregate Outstanding Balance of all Eligible Contracts as of the close of business on the last day of the preceding Collection PeriodPeriod (in each case, calculated separately in respect of all Purchased Loans, all Dealer Loans and all Loans in the aggregate);
(v) the aggregate Outstanding Amount Aggregate Note Balance, the Class A Note Balance, the Class B Note Balance and the Class C Note Pool Factor for Balance, in each Class of Notes as of such Payment Date, case after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding related Collection PeriodPeriod and/or due but unpaid with respect to such Collection Period or prior Collection Periods, as the case may be;
(vii) the Class A Interest Carryover Shortfall, if any, the Class B Interest Carryover Shortfall, if any, and the Class C Interest Carryover Shortfall, if any;
(viii) the total amount of Collections for the Administration Fee paid to the Administrator in respect of the preceding related Collection Period;
(ix) the amount of aggregate Purchase Amount for the aggregate Realized LossesIneligible Loans and Ineligible Contracts, if any, for that was paid in such Collection Period;period; and
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such actual Collections during the related Collection Period and the actual cumulative Collections as of the related Collection Period;
(xi) , in each case as compared to the balance Forecasted Collections as of the Spread Account on the related Payment Closing Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will Trust Collateral Agent shall make such information and certain other documents, reports, and Loan and Contract information provided by the statement Servicer’s Certificate available to Noteholders available each month to Noteholders and other parties to the Basic Documents Noteholder via the Indenture Trustee’s website. The Indenture Trustee’s internet website, which is presently website shall be initially located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail “xxx.XXXXxxx.xxx” or at such other address as shall be specified by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right from time to change the way the statement to Noteholders is distributed time in order to make such distribution more convenient and/or more accessible to the above parties and writing to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of informationproviding access to the Indenture Trustee’s website, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee may require registration and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronicallyacceptance of a disclaimer. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without Trust Collateral Agent will make no representation or warranty warranties as to the intended uses accuracy or completeness of such systems, software or hardwaredocuments and will assume no responsibility therefor. The Indenture Trustee makes no representation or warranty that Trust Collateral Agent shall not be liable for the systems and the related software used in connection with the electronic transmission dissemination of information are free received and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used distributed in the manner to which it is intended, or which would permit unauthorized access theretoaccordance with this Agreement.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]any material changes 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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Sale and Servicing Agreement (Nissan Auto Receivables 2021-a Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables 2018-a Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement shall also be provided to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed of the distribution allocable to the CertificateholdersYield Supplement Deposit, if any, plus reinvestment income, if any, on the Yield Supplement Account;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vi) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(vii) the Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Certificates, in each case after giving effect to all payments in respect of principal on such Distribution Date;
(viii) the amount of the Administration Fee paid to the Administrator Advances made in respect of the preceding Receivables during the related Collection PeriodPeriod and the amount of unreimbursed Advances on such Distribution Date;
(ix) the balance of the Reserve Account and the Yield Supplement Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the amount of the currency Swap Payments and the currency Swap Termination Payments, if any, due to the currency Swap Counterparty under the currency Swap Agreement described in Section 5.11;
(xiii) [Reserved]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) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period;
(xv) [Reserved]any material breaches of representations, warranties or covenants contained in the Receivables;
(xvi) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xvii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have Trustee, as the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee case may be, shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in copies promptly after such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretorequests.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2006-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables 2006-a Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Payment Date, the Servicer shall provide to the Indenture Trustee and the Paying Agent (with a copy to the Rating Agencies), for the Indenture Trustee Paying Agent to make available forward to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, record pursuant to the Indenture Indenture) and to the Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, record pursuant to the Trust Agreement) a statement substantially in the form of Exhibit CB (or such other form that is acceptable to the Indenture Trustee, the Owner Trustee and the Servicer), with a copy to the Rating Agencies, setting forth at least the following information as to each the Notes (separately stating such information as to the Class of A-1 Notes, the Class A-2 Notes, the Class A-3 Notes and the Certificates Class A-4 Notes) and the Certificates, to the extent applicable:
(i) the amount of such distribution allocable to principal on each class of each Class of NotesNotes and the Certificates;
(ii) the amount of the such distribution allocable to interest on each Class class of NotesNotes and the Certificates;
(iii) the amount to be distributed of the Servicing Fee paid to the CertificateholdersServicer pursuant to Section 5.5(c);
(iv) the amount of the Administration Fee paid to the Administrator on such Payment Date;
(v) the Outstanding Amount of each class of the Notes, the Class A-1 Note Pool Factor, the Class A-2 Note Pool Factor, the Class A-3 Note Pool Factor, the Class A-4 Note Pool Factor, the Certificate Balance and the Certificate Pool Factor, in each case after giving effect to payments allocated to principal reported under (i) above;
(vi) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(vvii) the aggregate Outstanding Amount amount of the Repurchase Amounts for Repurchased Receivables with respect to the related Collection Period paid by each of the Seller and the Note Pool Factor Servicer (accounted for each Class separately);
(viii) the amount of Notes as Aggregate Net Losses, if any, for such Payment Date;
(ix) the balance of the Reserve Account on such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) deposits into and withdrawals from the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for Reserve Account on such Collection PeriodPayment Date;
(x) the aggregate Purchase Amounts Specified Reserve Account Balance for Receivables, if any, that were repurchased or purchased in such Collection PeriodPayment Date;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on Total Distribution Amount for such Payment Date;
(xii) [Reserved]the Noteholders' Distributable Amount and the components thereof;
(xiii) [Reserved];the Certificateholders' Distributable Amount and the components thereof; and
(xiv) [Reserved];
the Reserve Account Transfer Amount, if any, for such Payment Date. Each amount set forth pursuant to subclause (xvi), (ii), (iii), (iv), (xii) [Reserved];
or (xvixiii) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet websiteabove shall be expressed as a dollar amount per $1,000 of original principal balance of a Note or a Certificate, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Chase Manhattan Bank Usa), Sale and Servicing Agreement (Chase Manhattan Auto Owner Trust 2001 A), Sale and Servicing Agreement (Chase Manhattan Bank Usa)
Statements to Certificateholders and Noteholders. (a) On or prior to each Determination Date Date, the Servicer (provided, that in the event the Backup Servicer is acting as successor Servicer, the Seller shall assist the Backup Servicer in the performance of its obligations under this Section 5.11) shall provide to the Indenture Trustee Trust Collateral Agent the Servicer’s Certificate (with a copy copies to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date . The Trust Collateral Agent will be required to make the payment required under Section 5.2(a) of Servicer’s Certificate related to such Distribution Date available to the Trust Agreement) or Noteholders, the Trustee (if Certificateholder, the Trustee is responsible on Initial Purchasers and the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Backup Servicer. Each Servicer’s Certificate will include, for the Indenture Trustee or Trusteeamong other things, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as with respect to each Class of the Notes and the Certificates with respect to the extent related Distribution Date, or the period since the previous Distribution Date, as applicable:
(i) the amount of such the related distribution allocable to principal of each Class of the Notes;
(ii) the amount of the related distribution allocable to interest on each Class of the Notes;
(iii) the amount to be distributed to of the Certificateholdersrelated distribution payable out of the Reserve Account;
(iv) the Pool Aggregate Outstanding Eligible Loan Balance and the aggregate Outstanding Balance of all Eligible Contracts as of the close of business on the last day of the preceding Collection Period (in each case, calculated separately in respect of all Purchased Loans, all Dealer Loans and all Loans in the aggregate) and the Forecasted Collections as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount Aggregate Note Balance, the Class A Note Balance, the Class B Note Balance and the Class C Note Pool Factor for Balance, in each Class of Notes as of such Payment Date, case after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding related Collection PeriodPeriod and/or due but unpaid with respect to such Collection Period or prior Collection Periods, as the case may be;
(vii) the Class A Interest Carryover Shortfall, if any, the Class B Interest Carryover Shortfall, if any, and the Class C Interest Carryover Shortfall, if any;
(viii) the total amount of Collections for the Administration Fee paid to the Administrator in respect of the preceding related Collection Period;
(ix) the amount of aggregate Purchase Amount for the aggregate Realized LossesIneligible Loans and Ineligible Contracts, if any, for that was paid in such Collection Period;period; and
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such actual Collections during the related Collection Period and the actual cumulative Collections as of the related Collection Period;, in each case as compared to the Forecasted Collections as of the Closing Date; and
(xi) the balance confirmation of Credit Acceptance’s compliance (or failure to comply, if applicable) with its undertakings pursuant to Section 11.19 in respect of the Spread Account on retention of the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account BalanceRetained Interest. The Indenture Trustee will Trust Collateral Agent shall make such information and certain other documents, reports, and Loan and Contract information provided by the statement Servicer’s Certificate available to Noteholders available each month to Noteholders and other parties to the Basic Documents Noteholder via the Indenture Trustee’s website. The Indenture Trustee’s internet website, which is presently website shall be initially located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail “xxx.XXXXxxx.xxx” or at such other address as shall be specified by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right from time to change the way the statement to Noteholders is distributed time in order to make such distribution more convenient and/or more accessible to the above parties and writing to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of informationproviding access to the Indenture Trustee’s website, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee may require registration and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronicallyacceptance of a disclaimer. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without Trust Collateral Agent will make no representation or warranty warranties as to the intended uses accuracy or completeness of such systems, software or hardwaredocuments and will assume no responsibility therefor. The Indenture Trustee makes no representation or warranty that Trust Collateral Agent shall not be liable for the systems and the related software used in connection with the electronic transmission dissemination of information are free received and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used distributed in the manner to which it is intended, or which would permit unauthorized access theretoaccordance with this Agreement.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date preceding a Distribution Date, the Servicer Administrator shall provide to the Indenture Trustee and the Trustee (with a copy to the Rating Agencies), ) for the Indenture Trustee to make available forward on such succeeding Distribution Date to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or record and for the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward on such succeeding Distribution Date to each Certificateholder of record, record a statement substantially in the form of Exhibit Cstatement, setting forth at least the following information with respect to such Distribution Date as to each Class of the Notes and the Certificates to the extent applicable:
(ia) the amount of such distribution allocable to principal of each Class class of the Notes;
(iib) the amount of the distribution allocable to interest on each Class class of the Notes;
(iiic) the amount to be distributed of the distribution allocable to the CertificateholdersCertificates;
(ivd) the amount of Swap Payments payable by the Issuer to each Swap Counterparty, the amount payable by each Swap Counterparty to the Issuer and the amount of Swap Termination Payments payable by either the Issuer or a Swap Counterparty;
(e) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(vf) the aggregate Outstanding Amount and outstanding principal balance of the Notes, the Note Pool Factor for each Class of Notes Factor, as of such Payment Distribution Date, after giving effect to payments allocated to principal reported under clause clauses (ia) and (c) above;
(vig) [Reserved]the Note Rate for the next period for any class of Notes;
(viih) the amount of the Primary Servicing Fee and any Carryover Servicing Fee paid to the Servicer with respect on such Distribution Date and on the two preceding Monthly Servicing Payment Dates, and the amount, if any, of the Carryover Servicing Fee remaining unpaid after giving effect to the preceding Collection Periodany such payments;
(viiii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Periodon such Distribution Date;
(ixj) the amount of the aggregate Realized Lossesprincipal balances of Trust Student Loans that became Charged-Off Loans, if any, for the related Collection Period and the balance of Trust Student Loans that are delinquent in each delinquency period as of the end of such Collection Period;
(xk) the amount of any Note Interest Shortfall, if any, in each case as applicable to each class of Notes, and the change in such amounts from the preceding statement;
(l) the aggregate Purchase Amounts for ReceivablesTrust Student Loans, if any, that were repurchased by the Depositor or the Seller or purchased by the Servicer from the Issuer in such Collection Period;
(xim) whether the Cumulative Realized Loss Test is satisfied on such Distribution Date; and
(n) the respective balance of the Spread Reserve Account and the Cash Capitalization Account on the related Payment such Distribution Date, after giving effect to changes therein on such Payment Distribution Date;
. Each amount set forth pursuant to clauses (xiia), (b), (c), (e), (i), (j) [Reserved];
and (xiiil) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) above shall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate or Note, as applicable. A copy of the Specified Spread Account Balance. The Indenture Trustee will make the statement statements referred to Noteholders available each month to Noteholders and other parties above may be obtained by any Certificate Owner or Note Owner by a written request to the Basic Documents via Trustee or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible respectively, addressed to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretorespective Corporate Trust Office.
Appears in 5 contracts
Samples: Administration Agreement (SLM Education Credit Funding LLC), Administration Agreement (SLM Education Credit Funding LLC), Administration Agreement (SLM Education Credit Funding LLC)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.the
Appears in 4 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2019-A), Sale and Servicing Agreement (CNH Equipment Trust 2019-A), Sale and Servicing Agreement (CNH Equipment Trust 2018-B)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Date, Servicer shall provide to the Indenture Trustee (with a copy to the each Rating Agencies), Agency) written instructions for the Indenture Trustee to make available forward to each Noteholder of record, andto each Paying Agent, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholderany, and to the Indenture Owner Trustee (if the Indenture for Owner Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, A setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(ia) the amount of such distribution allocable to principal of each Class class of NotesNotes and to the Certificate Balance of the Certificates;
(iib) the amount of the such distribution allocable to interest on or with respect to each Class class of NotesNotes and to the Certificates;
(iii) the amount to be distributed to the Certificateholders;
(ivc) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(vd) the aggregate Outstanding Amount and outstanding principal balance of each class of the Notes, the Note Pool Factor for each Class of Notes as of such Payment Dateclass, the Certificate Balance and the Certificate Pool Factor after giving effect to payments allocated to principal reported under clause (ia) above;
(vi) [Reserved];
(viie) the amount of the Servicing Fee paid to the Servicer with respect to the preceding related Collection PeriodPeriod and with respect to previously accrued and unpaid Servicing Fees;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ixf) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(xg) the aggregate Purchase Amounts for ReceivablesReserve Account Transfer Amount, if any, that were repurchased or purchased in for such Collection Period;
(xi) Distribution Date, the Specified Reserve Account Balance for such Distribution Date, the amount distributed to Seller from the Reserve Account on such Distribution Date, and the balance of the Spread Reserve Account (if any) on the related Payment such Distribution Date, after giving effect to changes therein on such Payment Distribution Date;
(xiih) [Reserved]the Noteholders' Interest Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, and the Certificateholders' Principal Carryover Shortfall, if any, in each case as applicable to each class of Securities, and the change in such amounts from the preceding statement;
(xiiii) [Reserved]the Additional Principal Distributable Amount for such Distribution Date;
(xivj) [Reserved];the aggregate Purchase Amounts paid by Seller or Servicer with respect to the related Collection Period; and
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xxk) the Specified Spread Account number, and aggregate Principal Balance outstanding, of Receivables past due 30-59, 60-89 and 90 and over 90 days. Each amount set forth pursuant to paragraph (a), (b), (e) or (h) above shall be expressed as a dollar amount per $1,000 of the initial principal balance of the Notes (or class thereof) or the initial Certificate Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Amsouth Auto Receivables LLC), Sale and Servicing Agreement (Volkswagen Public Auto Loan Securitization LLC), Sale and Servicing Agreement (Key Consumer Acceptance Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Payment Date, the Servicer shall provide to the Indenture Trustee and the Paying Agent (with a copy to the Rating Agencies), for the Indenture Trustee Paying Agent to make available forward to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, record pursuant to the Indenture Indenture) and to the Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, record pursuant to the Trust Agreement) a statement substantially in the form of Exhibit CB (or such other form that is acceptable to the Indenture Trustee, the Owner Trustee and the Servicer), with a copy to the Rating Agencies, setting forth at least the following information as to each the Notes (separately stating such information as to the Class of A-1 Notes, the Class A-2 Notes, the Class A-3 Notes and the Certificates Class A-4 Notes) and the Certificates, to the extent applicable:
(i) the amount of such distribution allocable to principal on each class of each Class of NotesNotes and the Certificates;
(ii) the amount of the such distribution allocable to interest on each Class class of NotesNotes and the Certificates;
(iii) the amount to be distributed of the Servicing Fee paid to the CertificateholdersServicer pursuant to Section 5.5(c);
(iv) the amount of the Administration Fee paid to the Administrator on such Payment Date;
(v) the Outstanding Amount of each class of the Notes, the Class A-1 Note Pool Factor, the Class A-2 Note Pool Factor, the Class A-3 Note Pool Factor, the Class A-4 Note Pool Factor, the Certificate Balance and the Certificate Pool Factor, in each case after giving effect to payments allocated to principal reported under (i) above;
(vi) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(vvii) the aggregate Outstanding Amount amount of the Repurchase Amounts for Repurchased Receivables with respect to the related Collection Period paid by each of the Seller and the Note Pool Factor Servicer (accounted for each Class separately);
(viii) the amount of Notes as Aggregate Net Losses, if any, for such Payment Date;
(ix) the balance of the Yield Supplement Account on such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount withdrawal of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, Yield Supplement Withdrawal Amount for such Collection PeriodPayment Date;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account on the related such Payment Date, after giving effect to changes therein deposits into and withdrawals from the Reserve Account on such Payment Date;
(xi) the Specified Reserve Account Balance for such Payment Date;
(xii) [Reserved]the Total Distribution Amount for such Payment Date;
(xiii) [Reserved]the Noteholders' Distributable Amount and the components thereof;
(xiv) [Reserved]the Certificateholders' Distributable Amount and the components thereof;
(xv) [Reserved];the Yield Supplement Withdrawal Amount for such Payment Date; and
(xvi) [Reserved];
the Reserve Account Transfer Amount, if any, for such Payment Date. Each amount set forth pursuant to subclause (xviii), (ii), (iii), (iv), (xii) [Reserved];
or (xviiixiii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet websiteabove shall be expressed as a dollar amount per $1,000 of original principal balance of a Note or a Certificate, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Chase Manhattan Auto Trust 2004-A), Sale and Servicing Agreement (Chase Manhattan Auto Owner Trust 2002-B), Sale and Servicing Agreement (Chase Manhattan Auto Owner Trust 2003-A)
Statements to Certificateholders and Noteholders. (a) On or prior to each Determination Date Date, the Servicer (provided, that in the event the Backup Servicer is acting as successor Servicer, the Seller shall assist the Backup Servicer in the performance of its obligations under this Section 5.11) shall provide to the Indenture Trustee Trust Collateral Agent the Servicer’s Certificate (with a copy copies to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date . The Trust Collateral Agent will be required to make the payment required under Section 5.2(a) of Servicer’s Certificate related to such Distribution Date available to the Trust Agreement) or Noteholders, the Trustee (if Certificateholder, the Trustee is responsible on Initial Purchasers and the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Backup Servicer. Each Servicer’s Certificate will include, for the Indenture Trustee or Trusteeamong other things, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as with respect to each Class of the Notes and the Certificates with respect to the extent related Distribution Date, or the period since the previous Distribution Date, as applicable:
(i) the amount of such the related distribution allocable to principal of each Class of the Notes;
(ii) the amount of the related distribution allocable to interest on each Class of the Notes;
(iii) the amount to be distributed to of the Certificateholdersrelated distribution payable out of the Reserve Account;
(iv) the Pool Aggregate Outstanding Net Eligible Loan Balance, the Aggregate Outstanding Eligible Loan Balance and the aggregate Outstanding Balance of all Eligible Contracts as of the close of business on the last day of the preceding Collection PeriodPeriod (in each case, calculated separately in respect of all Purchased Loans, all Dealer Loans and all Loans in the aggregate);
(v) the aggregate Outstanding Amount Aggregate Note Balance, the Class A Note Balance, the Class B Note Balance and the Class C Note Pool Factor for Balance, in each Class of Notes as of such Payment Date, case after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding related Collection PeriodPeriod and/or due but unpaid with respect to such Collection Period or prior Collection Periods, as the case may be;
(vii) the Class A Interest Carryover Shortfall, if any, the Class B Interest Carryover Shortfall, if any, and the Class C Interest Carryover Shortfall, if any;
(viii) the total amount of Collections for the Administration Fee paid to the Administrator in respect of the preceding related Collection Period;
(ix) the amount of aggregate Purchase Amount for the aggregate Realized LossesIneligible Loans and Ineligible Contracts, if any, for that was paid in such Collection Period;period; and
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such actual Collections during the related Collection Period and the actual cumulative Collections as of the related Collection Period;, in each case as compared to the Forecasted Collections as of the Closing Date; and
(xi) the balance confirmation of Credit Acceptance’s compliance (or failure to comply, if applicable) with its undertakings pursuant to Section 11.19 in respect of the Spread Account on retention of the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account BalanceRetained Interest. The Indenture Trustee will Trust Collateral Agent shall make such information and certain other documents, reports, and Loan and Contract information provided by the statement Servicer’s Certificate available to Noteholders available each month to Noteholders and other parties to the Basic Documents Noteholder via the Indenture Trustee’s website. The Indenture Trustee’s internet website, which is presently website shall be initially located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail “xxx.XXXXxxx.xxx” or at such other address as shall be specified by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right from time to change the way the statement to Noteholders is distributed time in order to make such distribution more convenient and/or more accessible to the above parties and writing to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of informationproviding access to the Indenture Trustee’s website, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee may require registration and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronicallyacceptance of a disclaimer. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without Trust Collateral Agent will make no representation or warranty warranties as to the intended uses accuracy or completeness of such systems, software or hardwaredocuments and will assume no responsibility therefor. The Indenture Trustee makes no representation or warranty that Trust Collateral Agent shall not be liable for the systems and the related software used in connection with the electronic transmission dissemination of information are free received and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used distributed in the manner to which it is intended, or which would permit unauthorized access theretoaccordance with this Agreement.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available forward to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, record pursuant to the Indenture Indenture) and to the Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, record pursuant to the Trust Agreement) a statement substantially in the form of Exhibit CB (or such other form that is acceptable to the Indenture Trustee, the Owner Trustee and the Servicer), with a copy to the Rating Agencies, setting forth at least the following information as to each the Notes (separately stating such information as to the Class of A-1 Notes, the Class A-2 Notes, the Class A-3 Notes and the Certificates Class A-4 Notes) and the Certificates, to the extent applicable:
(i) the amount of such distribution allocable to principal on each class of each Class of NotesNotes and the Certificates;
(ii) the amount of the such distribution allocable to interest on each Class class of NotesNotes and the Certificates;
(iii) the amount to be distributed of the Servicing Fee paid to the CertificateholdersServicer pursuant to Section 5.5(c);
(iv) the amount of the Administration Fee paid to the Administrator on such Distribution Date;
(v) the Outstanding Amount of each class of the Notes, the Class A-1 Note Pool Factor, the Class A-2 Note Pool Factor, the Class A-3 Note Pool Factor, the Class A-4 Note Pool Factor, the Certificate Balance and the Certificate Pool Factor, in each case after giving effect to payments allocated to principal reported under (i) above;
(vi) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(vvii) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer Repurchase Amounts for Repurchased Receivables with respect to the preceding related Collection PeriodPeriod paid by each of the Seller and the Servicer (accounted for separately);
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Aggregate Net Losses, if any, for such Collection PeriodDistribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to deposits into and withdrawals from the Reserve Account on such Distribution Date;
(x) the aggregate Purchase Amounts Specified Reserve Account Balance for Receivables, if any, that were repurchased or purchased in such Collection PeriodDistribution Date;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on Total Distribution Amount for such Payment Distribution Date;
(xii) [Reserved]the Noteholders' Distributable Amount and the components thereof;
(xiii) [Reserved];the Certificateholders' Distributable Amount and the components thereof; and
(xiv) [Reserved];
the Reserve Account Transfer Amount, if any, for such Distribution Date. Each amount set forth pursuant to subclause (xvi), (ii), (iii), (iv), (xii) [Reserved];
or (xvixiii) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet websiteabove shall be expressed as a dollar amount per $1,000 of original principal balance of a Note or a Certificate, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Chase Manhattan Auto Owner Trust 1998-B), Sale and Servicing Agreement (Chase Manhattan Auto Owner Trust 1998-C), Sale and Servicing Agreement (Chase Manhattan Bank Usa)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement shall also be provided to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the amount of Advances made in respect of the aggregate Realized Losses, if any, for Receivables during the related Collection Period and the amount of unreimbursed Advances on such Collection PeriodDistribution Date;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xi) the amount of defaults and net losses on the Receivables for the related Collection Period;
(xii) [Reserved]the number of delinquencies on the Receivables as a percentage of the number of Receivables;
(xiii) [Reserved]the amount of the currency swap payments and the currency swap termination payments, if any, due to the Currency Swap Counterparty under the Currency Swap Agreement described in Section 5.10;
(xiv) [Reserved]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;
(xv) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period;
(xvi) [Reserved]any material breaches of representations, warranties or covenants contained in the Receivables;
(xvii) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xviii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xixb) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2010-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2010-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2009-a Owner Trust)
Statements to Certificateholders and Noteholders. (a) On or prior to each Determination Date Date, the Servicer (provided, that in the event the Backup Servicer is acting as successor Servicer, the Seller shall assist the Backup Servicer in the performance of its obligations under this Section 5.11) shall provide to the Indenture Trustee Trust Collateral Agent the Servicer’s Certificate (with a copy copies to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date . The Trust Collateral Agent will be required to make the payment required under Section 5.2(a) of Servicer’s Certificate related to such Distribution Date available to the Trust Agreement) or Noteholders, the Trustee (if Certificateholder, the Trustee is responsible on Initial Purchasers and the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Backup Servicer. Each Servicer’s Certificate will include, for the Indenture Trustee or Trusteeamong other things, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as with respect to each Class of the Notes and the Certificates with respect to the extent related Distribution Date, or the period since the previous Distribution Date, as applicable:
(ia) the amount of such the related distribution allocable to principal of each Class of the Notes;
(iib) the amount of the related distribution allocable to interest on each Class of the Notes;
(iiic) the amount to be distributed to of the Certificateholdersrelated distribution payable out of the Reserve Account;
(ivd) the Pool Aggregate Outstanding Net Eligible Loan Balance, the Aggregate Outstanding Eligible Loan Balance and the aggregate Outstanding Balance of all Eligible Contracts as of the close of business on the last day of the preceding Collection PeriodPeriod (in each case, calculated separately in respect of all Purchased Loans, all Dealer Loans and all Loans in the aggregate);
(ve) the aggregate Outstanding Amount Aggregate Note Balance, the Class A Note Balance, the Class B Note Balance and the Class C Note Pool Factor for Balance, in each Class of Notes as of such Payment Date, case after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(viif) the amount of the Servicing Fee paid to the Servicer with respect to the preceding related Collection Period and/or due but unpaid with respect to such Collection Period or prior Collection Periods, as the case may be;
(g) the Class A Interest Carryover Shortfall, if any, the Class B Interest Carryover Shortfall, if any, and the Class C Interest Carryover Shortfall, if any;
(h) the total amount of Collections for the related Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(xi) the aggregate Purchase Amounts Amount for Receivablesthe Ineligible Loans and Ineligible Contracts, if any, that were repurchased or purchased was paid in such period; and
(j) the actual Collections during the related Collection Period and the actual cumulative Collections as of the related Collection Period;, in each case as compared to the Forecasted Collections as of the Closing Date; and
(xik) the balance confirmation of Credit Acceptance’s compliance (or failure to comply, if applicable) with its undertakings pursuant to Section 11.19 in respect of the Spread Account on retention of the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account BalanceRetained Interest. The Indenture Trustee will Trust Collateral Agent shall make such information and certain other documents, reports, and Loan and Contract information provided by the statement Servicer’s Certificate available to Noteholders available each month to Noteholders and other parties to the Basic Documents Noteholder via the Indenture Trustee’s website. The Indenture Trustee’s internet website, which is presently website shall be initially located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail “xxx.XXXXxxx.xxx” or at such other address as shall be specified by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right from time to change the way the statement to Noteholders is distributed time in order to make such distribution more convenient and/or more accessible to the above parties and writing to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of informationproviding access to the Indenture Trustee’s website, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee may require registration and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronicallyacceptance of a disclaimer. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without Trust Collateral Agent will make no representation or warranty warranties as to the intended uses accuracy or completeness of such systems, software or hardwaredocuments and will assume no responsibility therefor. The Indenture Trustee makes no representation or warranty that Trust Collateral Agent shall not be liable for the systems and the related software used in connection with the electronic transmission dissemination of information are free received and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used distributed in the manner to which it is intended, or which would permit unauthorized access theretoaccordance with this Agreement.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp), Sale and Servicing Agreement (Credit Acceptance Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), Agencies and each Paying Agent) for the Indenture Trustee to make available forward to each Noteholder of record, and, if NH Credit or an Affiliate is not record as of the Servicer or the Depositor is not the sole Certificateholder, most recent Record Date and to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date with a copy to make the payment required under Section 5.2(aeach Paying Agent) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, record as of the most recent Record Date a statement substantially in the form of Exhibit CXXX, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such the distribution allocable to principal in respect of each Class of NotesNotes and the Certificates;
(ii) the amount of the distribution allocable to interest on or with respect to each Class of NotesNotes and the Certificates;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(viv) the aggregate Outstanding Amount, the Outstanding Amount with respect to each Class of Notes and the Note Pool Factor for Factor, and the Certificate Balance and the Certificate Pool Factor, in each Class of Notes as of such Payment Date, case after giving effect to all payments allocated to in respect of principal reported under clause (i) aboveon such Distribution Date;
(vi) [Reserved];
(viiv) the amount of the Servicing Fee paid to the Servicer with respect to the preceding related Collection Period;
(vi) the Class A-1 Rate, the Class A-2 Rate, the Class A-3 Rate and the Pass Through Rate for the Interest Period relating to the succeeding Distribution Date;
(vii) the Interest Carryover Shortfall and Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the Certificateholders' Interest Carryover Shortfall and the Certificateholders' Principal Carryover Shortfall, if any, and the change in such amounts from the preceding Distribution Date;
(viii) the aggregate amount of Payments Ahead on deposit in the Administration Fee paid Payahead Account or held by the Servicer with respect to the Administrator related Receivables and the change in respect of such amount from the immediately preceding Collection PeriodDistribution Date;
(ix) the amount of Advances made in respect of the aggregate Realized Losses, if any, for related Receivables and the related Collection Period and the amount of unreimbursed Advances on such Collection Period;Distribution Date; and
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of any Reserve Fund and the Spread Yield Maintenance Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) Distribution Date and the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses amount of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretochanges.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp), Sale and Servicing Agreement (Toyota Motor Credit Corp)
Statements to Certificateholders and Noteholders. (a) On or prior to each Determination Date Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Security Insurer and the Rating Agencies), ) for the Indenture Trustee to make available forward to each Noteholder of record, andto each Paying Agent, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholderany, and to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit B and Exhibit C, respectively, setting forth at least the following information with respect to distributions on the related Distribution Date as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of NotesNotes and to the Certificate Balance of the Certificates;
(ii) the amount of the such distribution allocable to interest on or with respect to each Class of NotesNotes and to the Certificates;
(iii) the amount of such distribution payable pursuant to a claim on the Note Policy or the Certificate Policy and any remaining outstanding balance available to be distributed to drawn under the Certificateholdersapplicable policy;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Monthly Period;
(v) the aggregate Outstanding Amount and outstanding principal amount of each Class of the Notes, the Note Pool Factor for each Class of Notes as of such Payment DateClass, the Certificate Balance and the Certificate Pool Factor after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Periodrelated Monthly Period and/or due but unpaid with respect to such Monthly Period or prior Monthly Periods, as the case may be;
(vii) the Noteholders' Interest Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, and the Certificateholders' Principal Carryover Shortfall;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection the second preceding Monthly Period;
(xix) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Periodperiod;
(x) for Distribution Dates during the Funding Period (if any), the remaining Pre-Funded Amount, the amount in the Pre-Funding Account and the amount remaining in the Capitalized Interest Account;
(xi) for the balance of the Spread Account on the related Payment final Subsequent Transfer Date, after giving effect the amount of any remaining Pre-Funded Amount that has not been used to changes therein on such Payment Datefund the purchase of Subsequent Receivables and is passed through as principal to Noteholders and Certificateholders;
(xii) [Reserved]the amounts which were collected by the Servicer;
(xiii) [Reserved]the aggregate amount which was received by the Trust from the Servicer;
(xiv) [Reserved];any reimbursements to the Security Insurer; and
(xv) [Reserved];
delinquency information relating to Receivables which are 30, 60 or 90 days delinquent. Each amount set forth pursuant to paragraph (xvii), (ii), (iii), (vii), (x) [Reserved];
and (xviixi) [Reserved];
above shall be expressed as a dollar amount per $1,000 of the initial principal balance of the Notes (xviiior Class thereof) [Reserved];
(xix) [Reserved];
(xx) or the Specified Spread Account initial Certificate Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Money Store Auto Trust 1996-2), Sale and Servicing Agreement (TMS Auto Holdings Inc), Sale and Servicing Agreement (TMS Auto Holdings Inc)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved;];
(vii) [the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;]
(viii) [the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;]
(ix) [the amount of the aggregate Realized Losses, if any, for such Collection Period;]
(x) [the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;]
(xi) [the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;]
(xii) [Reservedfor Payment Dates during the Funding Period, the Remaining Pre-Funded Amount;];
(xiii) [Reservedfor the final Payment Date with respect to the Funding Period, the amount of any Remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;];
(xiv) [Reservedthe balance of the Principal Supplement Account on the related Payment Date, after giving effect to changes therein on such Payment Date;];
(xv) [Reservedthe balance of the Negative Carry Account on the related Payment Date, after giving effect to changes therein on such Payment Date;];
(xvi) [Reservedthe amount of Net Swap Payments or Net Swap Receipts for the related Payment Date;];
(xvii) [Reservedthe amount of Swap Termination Payments paid by the Issuing Entity on the related Payment Date;];
(xviii) [Reservedthe A-4b Note Rate for the next Interest Period;];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and f the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses[Month] 20XX, time bombs[Month] 20XX, logic bombs, Trojan horses, worms, [Month] 20XX or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.[Month] 20XX:]
Appears in 3 contracts
Samples: Sale and Servicing Agreement (CNH Capital Receivables LLC), Sale and Servicing Agreement (CNH Capital Receivables LLC), Sale and Servicing Agreement (CNH Capital Receivables LLC)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available forward to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, and to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Trustee, for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit CExhibits A and B, respectively, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on of each Class of Notes;
(iii) the amount of the distribution allocable to be distributed to principal of the CertificateholdersCertificates;
(iv) the amount of the distribution allocable to interest of the Certificates;
(v) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(vvi) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes Notes, and the Certificate Balance and the Certificate Pool Factor as of such Payment Date, after giving effect to payments allocated to principal reported under clause clauses (i) and (iii) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related such Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved]for Payment Dates during the Funding Period, the remaining Pre-Funded Amount;
(xiii) [Reserved]for the final Payment Date with respect to the Funding Period, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(xiv) [Reservedintentionally omitted];; and
(xv) [Reserved];
the balance of the Negative Carry Account on such Payment Date, after giving effect to changes therein on such Payment Date. Each amount set forth pursuant to clauses (xvii), (ii), (iii), (iv), (vii) [Reserved];
and (xviiviii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet websiteshall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate or Note, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Case Receivables Ii Inc), Sale and Servicing Agreement (Case Receivables Ii Inc), Sale and Servicing Agreement (Case Receivables Ii Inc)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement shall also be provided to each Rating Agency) based on information in the form of Exhibit CServicer's Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed of the distribution allocable to the CertificateholdersYield Supplement Deposit, if any, plus reinvestment income, if any, on the Yield Supplement Account;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date;
(vi) the Noteholders' Interest Carryover Shortfall and the Noteholders' Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(vii) the Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Certificates, in each case after giving effect to all payments in respect of principal on such Distribution Date;
(viii) the amount of the Administration Fee paid to the Administrator Advances made in respect of the preceding Receivables during the related Collection PeriodPeriod and the amount of unreimbursed Advances on such Distribution Date;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account and the Yield Supplement Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xiix) [Reserved];the amount of defaults and net losses on the Receivables for the related Collection Period; and
(xiiixi) [Reserved];the number of delinquencies on the Receivables as a percentage of the number of Receivables.
(xivb) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have Trustee, as the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee case may be, shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in copies promptly after such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretorequests.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2004-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2002 C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2003-C Owner Trust)
Statements to Certificateholders and Noteholders. (a) On or prior to each Determination Date Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Security Insurer and the Rating Agencies), ) for the Indenture Trustee to make available forward to each Noteholder of record, andto each Paying Agent, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholderany, and to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information with respect to distributions on the related Distribution Date as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the such distribution allocable to interest on or with respect to each Class of Notes;
(iii) the amount of such distribution payable pursuant to a claim on the Note Policy and any remaining outstanding balance available to be distributed to drawn under the CertificateholdersNote Policy;
(iv) the Month-End Pool Balance as of the close of business on the last day of the preceding Collection Monthly Period;
(v) the aggregate Outstanding Amount outstanding principal amount of each Class of the Notes and the Note Pool Factor for each Class of Notes as of such Payment DateClass, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Periodrelated Monthly Period and/or due but unpaid with respect to such Monthly Period or prior Monthly Periods, as the case may be;
(vii) the Noteholders’ Interest Carryover Shortfall;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection the related Monthly Period;
(xix) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Periodperiod;
(x) the amounts which were collected by the Servicer;
(xi) the balance of aggregate amount which was received by the Spread Account on Trust from the related Payment Date, after giving effect to changes therein on such Payment DateServicer;
(xii) [Reserved]any reimbursements to the Security Insurer;
(xiii) [Reserved]delinquency information relating to Receivables which are 30, 60 or 90 days delinquent;
(xiv) [Reserved]the aggregate amount distributed to the Certificateholders;
(xv) [Reserved]for each Distribution Date, if any, during the Funding Period, the remaining Pre Funded Amount, the amount in the Pre-Funding Account and the amount remaining in the Capitalized Interest Account;
(xvi) [Reserved];for the final Subsequent Transfer Date, the amount of any remaining Pre Funded Amount that has not been used to fund the purchase of Subsequent Receivables and is passed through as principal to Noteholders; and
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified amounts on deposit and the amounts required to be on deposit in the Spread Account Balance. The Indenture Trustee will make the statement on such Distribution Date, before and after giving effect to Noteholders available each month deposits thereto and withdrawals therefrom to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed be made in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses respect of such systemsDistribution Date. Each amount set forth pursuant to paragraph (i), software (ii), (iii), (vii), (x) and (xi) above shall be expressed as a dollar amount per $1,000 of the initial principal balance of the Notes (or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoClass thereof).
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Franklin Receivables Auto Trust 2003-1), Sale and Servicing Agreement (Franklin Auto Trust 2003-2), Sale and Servicing Agreement (Franklin Auto Trust 2004-2)
Statements to Certificateholders and Noteholders. (a) On each Determination Date preceding a Note Distribution Date and a Certificate Distribution Date, the Servicer Master Servicers or the Administrator shall provide to the Indenture Trustee (with a copy to the Surety Provider and to the Rating Agencies), ) for the Indenture Trustee to make available forward on such succeeding Note Distribution Date to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, applicable Class of record and to the Indenture Eligible Lender Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Eligible Lender Trustee or Trustee, as applicable, to forward on such succeeding Certificate Distribution Date to each Certificateholder of the applicable Class of record, a statement substantially in the form of Exhibit CExhibits A and B, respectively, setting forth at least the following information as with respect to each Class of such Note Distribution Date and Certificate Distribution Date or the Notes and the Certificates preceding Collection Period, to the extent applicable:applicable (provided, however, that with respect to each Note Distribution Date other than the first Note Distribution Date occurring in each month, such statement need only contain the information set forth in clauses (ii), (iii), (v), (vi) and (xii) below):
(i) the amount of such distribution allocable to principal of each Class of Notesprincipal;
(ii) the amount of the distribution allocable to interest on each Class of Notesinterest;
(iii) the amount, if any, of the distribution allocable to any Noteholders' Auction Rate Interest Carryover, any Noteholders' LIBOR Rate Interest Carryover, any Certificateholders' Auction Rate Interest Carryover and any Certificateholders' LIBOR Rate Interest Carryover, together with any remaining outstanding amount to be distributed to the Certificateholdersof each thereof;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount outstanding principal amount of the Notes of each Class and the Note Pool Factor for Certificates of each Class of Notes as of such Payment Note Distribution Date or Certificate Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved]the Class Interest Rate for the applicable Class of Notes and the Certificate Rate for the applicable Class of Certificates with respect to each distribution referred to in clause (ii) above, indicating whether such interest rate is calculated based on the Net Loan Rate or based on the applicable Auction Rate or LIBOR Rate, as the case may be, and specifying what each such interest would have been using the alternate basis for such calculation;
(vii) the amount of the Servicing Fee paid and any Servicing Fee Carryover allocated to the Servicer Master Servicers with respect to the preceding related Collection Period, and the amount, if any, of the Servicing Fee Carryover remaining unpaid after giving effect to any such allocation;
(viii) the amount of the Administration Fee, the Auction Agent Fee, the Indenture Trustee Fee, the Eligible Lender Trustee Fee paid to and the Administrator Surety Provider Fee allocated in respect of the preceding Collection Period;
(ix) the amount of payment to the Surety Provider in reimbursement of prior draws under any Note Surety Bond or any Certificate Surety Bond, including interest thereon;
(x) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in Period and any recoveries of principal and interest received during such Collection PeriodPeriod relating to Financed Student Loans for which a Realized Loss was previously allocated;
(xi) the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein on such Payment Note Distribution Date or Certificate Distribution Date;
(xii) [Reserved]the amount of any draw required to be made under the applicable Note Surety Bond or the applicable Certificate Surety Bond;
(xiii) [Reserved]for Note Distribution Dates during the Funding Period, the remaining Pre-Funded Amount;
(xiv) [Reserved];for the first Note Distribution Date on or immediately following the end of the Funding Period, the amount of any remaining Pre-Funded Amount that has not been used to make Additional Fundings and is being paid out to Noteholders; and
(xv) [Reserved];
the Parity Percentage, including the numerator and denominator used in determining such Parity Percentage. Each amount set forth pursuant to paragraph (xvii), (ii), (vii), and (viii) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) above shall be expressed as a dollar amount per $50,000 of original principal balance of a Certificate or Note, as applicable. A copy of the Specified Spread Account Balance. The Indenture Trustee will make the statement statements referred to Noteholders available each month to Noteholders and other parties above may be obtained by any Certificate Owner or Note Owner by a written request to the Basic Documents via Eligible Lender Trustee or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable respectively, addressed to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000respective Corporate Trust Office. The Indenture Trustee shall have statements referred to above will not be provided to holders of Originators' Interests. Any Trust Supplement authorizing the right issuance of one or more Originators' Interests also will set forth the information respecting such Originators' Interests to change be provided by the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible Master Servicers to the above parties and Eligible Lender Trustee for the Eligible Lender Trustee to forward to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses holders of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoOriginators' Interests.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Classnotes Inc), Second Supplemental Sale and Servicing Agreement (Classnotes Inc), Sale and Servicing Agreement (Classnotes Inc)
Statements to Certificateholders and Noteholders. (a) On each Determination Date preceding a Note Distribution Date and a Certificate Distribution Date, the Master Servicer or the Administrator shall provide to the Indenture Trustee (with a copy to the Surety Provider and to the Rating Agencies), ) for the Indenture Trustee to make available forward on such succeeding Note Distribution Date to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, applicable Class of record and to the Indenture Eligible Lender Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Eligible Lender Trustee or Trustee, as applicable, to forward on such succeeding Certificate Distribution Date to each Certificateholder of the applicable Class of record, a statement substantially in the form of Exhibit CExhibits A and B, respectively, setting forth at least the following information as with respect to each Class of such Note Distribution Date and Certificate Distribution Date or the Notes and the Certificates preceding Collection Period, to the extent applicable:applicable (provided, however, that with respect to each Note Distribution Date other than the first Note Distribution Date occurring in each month, such statement need only contain the information set forth in clauses (ii), (iii), (v), (vi) and (xii) below):
(i) the amount of such distribution allocable to principal of each Class of Notesprincipal;
(ii) the amount of the distribution allocable to interest on each Class of Notesinterest;
(iii) the amount, if any, of the distribution allocable to any Noteholders' Auction Rate Interest Carryover, any Noteholders' LIBOR Rate Interest Carryover, any Certificateholders' Auction Rate Interest Carryover and any Certificateholders' LIBOR Rate Interest Carryover, together with any remaining outstanding amount to be distributed to the Certificateholdersof each thereof;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount outstanding principal amount of the Notes of each Class and the Note Pool Factor for Certificates of each Class of Notes as of such Payment Note Distribution Date or Certificate Distribution Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved]the Class Interest Rate for the applicable Class of Notes and the Certificate Rate for the applicable Class of Certificates with respect to each distribution referred to in clause (ii) above, indicating whether such interest rate is calculated based on the Net Loan Rate or based on the applicable Auction Rate or LIBOR Rate, as the case may be, and specifying what each such interest would have been using the alternate basis for such calculation;
(vii) the amount of the Servicing Fee paid and any Servicing Fee Carryover allocated to the Master Servicer with respect to the preceding related Collection Period, and the amount, if any, of the Servicing Fee Carryover remaining unpaid after giving effect to any such allocation;
(viii) the amount of the Administration Fee, the Auction Agent Fee, the Indenture Trustee Fee, the Eligible Lender Trustee Fee paid to and the Administrator Surety Provider Fee allocated in respect of the preceding Collection Period;
(ix) the amount of payment to the Surety Provider in reimbursement of prior draws under any Note Surety Bond or the Certificate Surety Bond including interest thereon;
(x) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in Period and any recoveries of principal and interest received during such Collection PeriodPeriod relating to Financed Student Loans for which a Realized Loss was previously allocated;
(xi) the amount of the distribution attributable to amounts in the Reserve Account, the amount of any other withdrawals from the Reserve Account for such Note Distribution Date or Certificate Distribution Date and the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein on such Payment Note Distribution Date or Certificate Distribution Date;
(xii) [Reserved]the amount of any draw required to be made under the applicable Note Surety Bond or the applicable Certificate Surety Bond;
(xiii) [Reserved]for Note Distribution Dates during the Funding Period, the portion, if any, of the distribution attributable to amounts on deposit in the Pre-Funding Account and the Capitalized Pre-Funding Account and the remaining Pre-Funded Amount;
(xiv) [Reserved]for Note Distribution Dates during the Funding Period, the aggregate amount, if any, paid by the Eligible Lender Trustee on behalf of the Trust for Additional Financed Student Loans during the preceding Collection Period;
(xv) [Reserved]for the first Note Distribution Date on or immediately following the end of the Funding Period, the amount of any remaining Pre-Funded Amount that has not been used to make Additional Fundings and is being paid out to Noteholders;
(xvi) [Reserved]the aggregate amount, if any, paid for Financed Student Loans purchased from the Trust during the preceding Collection Period;
(xvii) [Reserved];the number and principal amount of Financed Student Loans, as of the end of the preceding Collection Period, that are (i) 30 to 60 days delinquent, (ii) 61 to 90 days delinquent, (iii) 91 to 120 days delinquent, (iv) more than 120 days delinquent and (v) for which claims have been filed with the appropriate Guarantor and which are awaiting payment; and
(xviii) [Reserved];
the Parity Percentage, including the numerator and denominator used in determining such Parity Percentage. Each amount set forth pursuant to paragraph (xixi), (ii), (vii), and (viii) [Reserved];
(xx) above shall be expressed as a dollar amount per $50,000 of original principal balance of a Certificate or Note, as applicable. A copy of the Specified Spread Account Balance. The Indenture Trustee will make the statement statements referred to Noteholders available each month to Noteholders and other parties above may be obtained by any Certificate Owner or Note Owner by a written request to the Basic Documents via Eligible Lender Trustee or the Indenture Trustee’s internet website, respectively, addressed to the respective Corporate Trust Office. The statements referred to above will not be provided to holders of Originators' Interests. Any Trust Supplement authorizing the issuance of one or more Originators' Interests also will set forth the information respecting such Originators' Interests to be provided by the Master Servicer to the Eligible Lender Trustee for the Eligible Lender Trustee to forward to the holders of such Originators' Interests. So long as any Note or Certificate is a "restricted security" within the meaning of Rule 144(a)(3) under the Securities Act, the Master Servicer shall provide, upon request of a Holder of any such Note or Certificate and a prospective purchaser designated by such Holder, the information which is presently located required to be delivered under Rule 144A(d)(4) under the Securities Act, if at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have time of the request the Issuer is not a paper copy mailed to them via first class mail by calling reporting company under Section 13 or Section 15(d) of the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions Securities Exchange Act of information1934, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoamended.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Classnotes Trust 1995-1 Asset Backed Ser 1996-2), Sale and Servicing Agreement (Transworld Insurance Co)
Statements to Certificateholders and Noteholders. (a) On or prior to each Determination Date Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Letter of Credit Provider and the Rating Agencies), ) for the Indenture Trustee to make available forward to each Noteholder of record, andto each Paying Agent, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholderany, and to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least which shall include the following information with respect to distributions on the related Distribution Date as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the such distribution allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Monthly Period;
(viv) the aggregate Outstanding Amount outstanding principal amount of each Class of the Notes and the Note Pool Factor for each Class of Notes as of such Payment DateClass, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(viiv) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Periodrelated Monthly Period and/or due but unpaid with respect to such Monthly Period or prior Monthly Periods, as the case may be;
(viiivi) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection PeriodNoteholders’ Interest Carryover Shortfall;
(ixvii) the amount of the aggregate Realized Losses, if any, for such Collection the related Monthly Period;
(xviii) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Periodperiod;
(ix) the amounts which were collected by the Servicer;
(x) the aggregate amount which was received by the Trust from the Servicer;
(xi) the balance of the Spread Account on the related Payment Datedelinquency information relating to Receivables which are 30, after giving effect to changes therein on such Payment Date60 or 90 days delinquent;
(xii) [Reserved]the Spread Account Transfer Amount, the Spread Account Excess Amount and the amount on deposit in the Spread Account before the Distribution Date;
(xiii) [Reserved]the Letter of Credit Draw Amount;
(xiv) [Reserved]the Letter of Credit Commitment Fee paid to the Letter of Credit Provider;
(xv) [Reserved]the Letter of Credit Available Amount;
(xvi) [Reserved]the Letter of Credit Reduction Amount;
(xvii) [Reserved]the Credit Enhancement Target Amount;
(xviii) [Reserved]the Specified Spread Account Balance;
(xix) [Reserved]the Spread Account Deposit Amount;
(xx) the Specified Total Required Payment;
(xxi) the aggregate amount distributed to the Certificateholders; and
(xxii) the amounts on deposit and the amounts required to be on deposit in the Spread Account Balanceon such Distribution Date, before and after giving effect to deposits thereto and withdrawals therefrom to be made in respect of such Distribution Date. The Indenture Trustee will make Each amount set forth pursuant to paragraph (i), (ii), (vi), (ix) and (x) above shall be expressed as a dollar amount per $1,000 of the statement initial principal balance of the Notes (or Class thereof). On each Determination Date, the Servicer shall also provide to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right information necessary to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions fill out each Letter of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoCredit Demand.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Franklin Auto Trust 2007-1), Sale and Servicing Agreement (Franklin Auto Trust 2006-1)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesMarch 2013, time bombsSeptember 2013, logic bombs, Trojan horses, worms, March 2014 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.September 2014:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2011-B), Sale and Servicing Agreement (CNH Equipment Trust 2011-B)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the amount of Advances made in respect of the aggregate Realized Losses, if any, for Receivables during the related Collection Period and the amount of unreimbursed Advances on such Collection PeriodDistribution Date;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xi) the amount of defaults and net losses on the Receivables for the related Collection Period;
(xii) [Reserved]the number of delinquencies on the Receivables as a percentage of the number of Receivables;
(xiii) [Reserved]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) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period (or that have cumulatively become material over time);
(xv) [Reserved];any material breaches of representations, warranties or covenants contained in the Receivables; 47 (Nissan 2014-B Sale and Servicing Agreement)
(xvi) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xvii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2014-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2014-B Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Period;principal on such Distribution Date; 41 (NAROT 2019-A Sale and Servicing Agreement)
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2019-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2019-a Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesMay 2014, time bombsNovember 2014, logic bombs, Trojan horses, wormsMay 2015, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.November 2015:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2012-D), Sale and Servicing Agreement (CNH Equipment Trust 2012-D)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesDecember 2013, time bombsJune 2014, logic bombs, Trojan horses, wormsDecember 2014, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoJune 2015.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2012-B), Sale and Servicing Agreement (CNH Equipment Trust 2012-B)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Distribution Date, the Servicer Owner Trustee shall provide to the Indenture Trustee (with a copy to the Rating Agencies), Agencies and each Paying Agent) for the Indenture Trustee to make available forward to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) record as of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment most recent Record Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to and shall forward to each Certificateholder of record, record as of the most recent Record Date a statement substantially in the form of Exhibit C, D setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of allocable to each Class of NotesNotes and to the Certificates;
(ii) the amount of the such distribution allocable to interest on allocable to each Class of NotesNotes and to the Certificates;
(iii) the amount to be distributed to outstanding principal balance of each Class of Notes, the Certificateholders;
(iv) Note Pool Factor for each such Class, the Certificate Balance and the Certificate Pool Balance Factor as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xiiv) the balance of the Spread Reserve Account on the related Payment Determination Date after giving effect to deposits and withdrawals to be made on the next following Distribution Date, if any; and
(v) the Pool Balance as of the close of business on the last day of the related Collection Period, after giving effect to changes therein payments allocated to principal reported under subsection (i) above. Each amount set forth reconciling amounts on such Payment Date;
the Distribution Date statement under clauses (xiii) [Reserved];
or (xiiiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet websiteabove shall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate or Note, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 2 contracts
Samples: Trust Agreement (Gs Mortgage Securities Corp), Trust Agreement (Goldman Sachs Asset Backed Securities Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesApril 2016, time bombsOctober 2016, logic bombs, Trojan horses, worms, April 2017 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.October 2017:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2014-C), Sale and Servicing Agreement (CNH Equipment Trust 2014-C)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause the close of business on the last day of the related Collection Period; 40 (i) above;Nissan 2017-A Sale and Servicing Agreement)
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties posting of disbursements or otherwise. 41 (Nissan 2017-A Sale and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.Servicing Agreement)
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2017-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2017-a Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Period;principal on such Distribution Date; 38 (NAROT 2022-B Sale and Servicing Agreement)
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]any material changes 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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2022-B Owner Trust), Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesDecember 2015, time bombsJune 2016, logic bombs, Trojan horses, worms, December 2016 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.June 2017:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Capital Receivables LLC), Sale and Servicing Agreement (CNH Capital Receivables LLC)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes information: 39 (NAROT 2020-A Sale and the Certificates to the extent applicable:Servicing Agreement)
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]any material changes 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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2020-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2020-a Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes and 30-Day Average SOFR (or the applicable Benchmark Replacement) for the related interest accrual period and the interest rate for the interest accrual period relating to such Payment Date for the Class A-2b Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved]any SOFR Adjustment Conforming Changes for the Class A-2b Notes for the related interest accrual period, if applicable;
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders if a Benchmark Transition Event and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitationits related Benchmark Replacement Date occurs, the use of electronic mail or internet or intranet web sitesBenchmark Replacement Date, the systems used in such transmissions are not fully tested by Benchmark Replacement, any Benchmark Replacement Adjustment and any Benchmark Replacement Conforming Changes for the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and Class A-2b Notes for the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.interest accrual period; and
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2024-B), Sale and Servicing Agreement (CNH Equipment Trust 2024-B)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit [and the Swap Counterparty] (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) [the amount to be distributed to the CertificateholdersYSOC Amount;]
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) [the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;]
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger for such Distribution Date;
(xv) [Reserved]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;
(xvi) any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; [Reservedand];
(xvii) any material breaches of representations, warranties or covenants with respect to the Receivables; [Reservedand];
(xviii) [Reservedthe amount of the Net [Swap][Cap] Receipts, if any, [the Net Swap Payment, if any,] the Senior Swap Termination Payment, if any, the Subordinated Swap Termination Payment, if any, and the [Swap][Cap] Termination Payment, if any.];
(xixb) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved]the A-2b Note Rate for the next Interest Period;
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesAugust 2017, time bombsFebruary 2018, logic bombs, Trojan horses, worms, August 2018 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.February 2019:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2016-A), Sale and Servicing Agreement (CNH Equipment Trust 2016-A)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;number of Receivables; 41 (NAROT 2018-C Sale and Servicing Agreement)
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2018-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2018-C Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the amount of Advances made in respect of the aggregate Realized Losses, if any, for Receivables during the related Collection Period and the amount of unreimbursed Advances on such Collection PeriodDistribution Date;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xi) the amount of defaults and net losses on the Receivables for the related Collection Period;
(xii) [Reserved]the number of delinquencies on the Receivables as a percentage of the number of Receivables;
(xiii) [Reserved]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) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period;
(xv) [Reserved]any material breaches of representations, warranties or covenants contained in the Receivables;
(xvi) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xvii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a 47 (Nissan 2012-B Sale and Servicing Agreement) request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2012-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2012-B Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved]the amount of the Backup Servicer Fees paid to the Backup Servicer with respect to the prior Collection Period;
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesNovember 2012, time bombsMay 2013, logic bombs, Trojan horses, worms, November 2013 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.May 2014:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2011-A), Sale and Servicing Agreement (CNH Equipment Trust 2011-A)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesOctober 2013, time bombsApril 2014, logic bombs, Trojan horses, wormsOctober 2014, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoApril 2015.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2012-A), Sale and Servicing Agreement (CNH Equipment Trust 2012-A)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;; 39 (NAROT 2019-B Sale and Servicing Agreement)
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2019-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2019-B Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the amount of Advances made in respect of the aggregate Realized Losses, if any, for Receivables during the related Collection Period and the amount of unreimbursed Advances on such Collection PeriodDistribution Date;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xi) the amount of defaults and net losses on the Receivables for the related Collection Period;
(xii) [Reserved]the number of delinquencies on the Receivables as a percentage of the number of Receivables;
(xiii) [Reserved]the amount of the currency swap payments and the currency swap termination payments, if any, due to the Currency Swap Counterparty under the Currency Swap Agreement described in Section 5.10;
(xiv) [Reserved]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;
(xv) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period;
(xvi) [Reserved]any material breaches of representations, warranties or covenants contained in the Receivables;
(xvii) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xviii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xixb) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2011-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2011-B Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved]the amount of the Backup Servicer Fees paid to the Backup Servicer with respect to the prior Collection Period;
] [(vii) )] the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Capital Receivables LLC), Sale and Servicing Agreement (CNH Capital Receivables LLC)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Date, Servicer shall provide to the Indenture Trustee (with a copy to the each Rating Agencies), Agency) written instructions for the Indenture Trustee to make available forward to each Noteholder of record, andto each Paying Agent, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholderany, and to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Owner Trustee, for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in and the form of Exhibit C, A setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(ia) the amount of such distribution allocable to principal of each Class class of NotesNotes and to the Adjusted Certificate Balance of the Certificates;
(iib) the amount of the such distribution allocable to interest on or with respect to each Class class of NotesNotes and to the Certificates;
(iii) the amount to be distributed to the Certificateholders;
(ivc) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(vd) the aggregate Outstanding Amount and outstanding principal balance of each class of the Notes, the Note Pool Factor for each Class of Notes as of such Payment Dateclass, the Adjusted Certificate Balance and the Certificate Pool Factor, after giving effect to payments allocated to principal reported under clause (a) above and the Writeoff Amounts allocated to the Certificates reported under clause (i) abovebelow;
(vi) [Reserved];
(viie) the amount of the Servicing Fee paid to the Servicer with respect to the preceding related Collection PeriodPeriod and with respect to previously accrued and unpaid Servicing Fees;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ixf) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(xg) the aggregate Purchase Amounts for ReceivablesReserve Account Transfer Amount, if any, that were repurchased or purchased in for such Collection Period;
(xi) Distribution Date, the Specified Reserve Account Balance for such Distribution Date, the amount distributed to Compass Auto from the Reserve Account on such Distribution Date, and the balance of the Spread Reserve Account (if any) on the related Payment such Distribution Date, after giving effect to changes therein on such Payment Distribution Date;
(xiih) [Reserved]the Noteholders' Interest Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, and the Certificateholders' Principal Carryover Shortfall, if any, in each case as applicable to each class of Securities, and the change in such amounts from the preceding statement;
(xiiii) [Reserved]the Writeoff Amount (if any) for such Distribution Date;
(xivj) [Reserved]the aggregate Purchase Amounts paid by either Seller, Compass Auto or Servicer with respect to the related Collection Period;
(xvk) [Reserved];the Principal Balance of Receivables which are 30-59 days delinquent, 60-89 days delinquent and 90 or more days delinquent; and
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xxl) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems Average Delinquency Ratio and the related software used in connection with Cumulative Net Loss Ratio for such Distribution Date. Each amount set forth pursuant to paragraph (a), (b), (d) or (h) above shall be expressed as a dollar amount per $1,000 of the electronic transmission initial principal balance of information are free and clear of threats known the Notes (or class thereof) or the initial Certificate Balance, as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Compass Auto Receivables Trust 1998-A), Sale and Servicing Agreement (Asset Backed Securities Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment Date;
Distribution Date and the amount of such changes; 40 (xiiNissan 2016-A Sale and Servicing Agreement) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xxx) the Specified Spread Account Balance. The Indenture Trustee will make amount of defaults and net losses on the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and Receivables for the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.Collection Period;
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2016-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2016-a Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), ) for the Indenture Trustee to make available forward to each Noteholder of record, andrecord and to each Paying Agent, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholderany, and to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit CA, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class class of the Notes;
(ii) the amount of the such distribution allocable to interest on or with respect to each Class class of the Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(viiv) [Reserved]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 (i) above;
(viiv) the amount of the Total Servicing Fee paid to the Servicer with respect to the preceding related Collection Period;
(vi) the amount of the aggregate Realized Losses for such Collection Period;
(vii) cumulative Realized Losses from the Closing Date, including Realized Losses for such Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized LossesRecoveries, if any, for such Collection Period;
(ix) aggregate outstanding principal balance of Receivables that are currently in repossession status (excluding Liquidated Receivables);
(x) the aggregate Purchase Amounts for ReceivablesReserve Account Transfer Amount, if any, that were repurchased or purchased in for such Collection Period;
(xi) Distribution Date, the Specified Reserve Account Balance for such Distribution Date, the amount distributed to the Certificateholders from the Reserve Account on such Distribution Date, and the balance of the Spread Reserve Account (if any) on the related Payment such Distribution Date, after giving effect to changes therein on such Payment Distribution Date;
(xi) the Class A Noteholders’ Interest Carryover Shortfall, the Class B Noteholders’ Interest Carryover Shortfall, the Class A Noteholders’ Principal Carryover Shortfall, and the Class B Noteholders’ Principal Carryover Shortfall;
(xii) [Reserved]the aggregate Purchase Amount paid by the Sponsor, the Depositor or the Servicer with respect to the related Collection Period;
(xiii) [Reserved]the aggregate Payahead Balance;
(xiv) [Reserved]the amounts collected by the Servicer;
(xv) [Reserved];the amounts received by the Trust from the Servicer; and
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties delinquency information relating to the Basic Documents via Receivables which are 30, 60 and 90 days delinquent. Each amount set forth pursuant to paragraph (i), (ii) or (xi) above shall be expressed as a dollar amount per $1,000 of the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use initial principal balance of the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoNotes.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Ace Securities Corp), Sale and Servicing Agreement (Ace Securities Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesFebruary 2015, time bombsAugust 2015, logic bombs, Trojan horses, worms, February 2016 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.August 2016:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2013-C), Sale and Servicing Agreement (CNH Equipment Trust 2013-C)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Payment Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), written instructions for the Indenture Trustee to make available forward to each Noteholder of record, andto each Paying Agent, if NH Credit or an Affiliate is not any, (with a copy to each Rating Agency and the Servicer or Swap Counterparty (unless the Depositor is not the sole Certificateholder, Interest Rate Swap Agreement has been terminated and all amounts owed to the Indenture Swap Counterparty have been paid in full)) and to the Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information (based on the information contained in the Monthly Servicer's Report delivered on the related Payment Date pursuant to Section 2.10) as to each Class of the Notes and the Certificates to the extent applicable:
(ia) the amount of such distribution allocable to principal of each Class class of Notes;
(iib) the amount of such distribution allocable to interest on or with respect to each class of Notes;
(c) the Reserve Fund transfer amount, if any, for such Payment Date, the Reserve Account Minimum for such Payment Date, the amount deposited into the Reserve Fund on such Payment Date, and the balance of the Reserve Fund (if any) on such Distribution Date, after giving effect to changes therein on such Payment Date;
(d) the overcollateralization amount as of such Payment Date;
(e) the amount of the distribution allocable Servicing Fee paid to interest on each Class of Notesthe Servicer with respect to the related Collection Period and with respect to previously accrued and unpaid Servicing Fees;
(iiif) the amount to be distributed to of any previously due and unpaid payment of principal on the CertificateholdersNotes, and the change in such amount from that of the prior Payment Date;
(ivg) the aggregate outstanding principal balance of each class of the Notes for each such class after giving effect to payments allocated to principal reported under clause (a) above;
(h) the aggregate amounts paid by the Seller or the Servicer with respect to the related Collection Period;
(i) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(vj) the number, and aggregate Outstanding Amount Receivable Balance outstanding, of Receivables past due 30-59 days, 60-89 days and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above90 days and over;
(vik) [Reserved]the weighted average Contract Rates of the Receivables, weighted based on the Receivable Balance of each such Receivable as of the last day of the related Collection Period;
(viil) the weighed average remaining term to maturity of the Receivables, weighted based on the Receivable Balance of each such Receivables as of the last day of the related Collection Period;
(m) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount Aggregate Receivable Balance of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Lossesany Receivables that became Defaulted Receivables, if any, for during such Collection Period;
(xn) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such net losses on the Receivables incurred during the period from the Cutoff Date to and including the last day of the related Collection Period;
(xio) the amount distributed to Certificateholders; and
(p) the Net Swap Receipts, if any. Each amount set forth pursuant to paragraph (a), (b), or (e) above relating to the Notes shall be expressed as a dollar amount per $1,000 of the initial principal balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
Notes (xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoClass thereof).
Appears in 2 contracts
Samples: Servicing Agreement (Capital One Auto Finance Trust 2002-C), Servicing Agreement (Capital One Auto Receivables LLC)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Payment Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), Agencies and each Paying Agent) for the Indenture Trustee to make available forward to each Noteholder of record, and, if NH Credit or an Affiliate is not record as of the Servicer or the Depositor is not the sole Certificateholder, most recent Record Date and to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date with a copy to make the payment required under Section 5.2(aeach Paying Agent) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, record as of the most recent Record Date a statement substantially in the form of Exhibit CA, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount paid or distributed in respect of such distribution allocable to principal interest in respect of each Class of Notes;
(ii) the amount paid or distributed in respect of the distribution allocable principal on or with respect to interest on each Class of Notes;
(iii) the amount to be paid or distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and Amount, the Class A-1 Principal Balance, the Class A-2 Principal Balance, the Class A-3 Principal Balance, the Class B Principal Balance, the Class C Principal Balance, the Certificate Balance, the Note Pool Factor for each Class of Notes as of such Payment DateNotes, in each case after giving effect to all payments allocated to in respect of principal reported under clause (i) aboveon such Payment Date;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding related Collection Period;
(vii) the amount of any Class A-1 Interest Carryover Shortfall, Class A-2 Interest Carryover Shortfall, Class A-3 Interest Carryover Shortfall, Class B Interest Carryover Shortfall and Class C 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 Payments Ahead on deposit in the Administration Fee paid Payahead Account or held by the Servicer with respect to the Administrator related Receivables and the change in respect of such amount from the immediately preceding Collection PeriodPayment Date;
(ix) the amount of Advances made in respect of the aggregate Realized Losses, if any, for related Receivables and the related Collection Period and the amount of unreimbursed Advances on such Collection Period;Payment Date; and
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread any Reserve Account on such Payment Date and the related Specified Reserve Account Amount on such Payment Date, after giving effect to changes therein thereto on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Toyota Motor Credit Receivables Corp), Sale and Servicing Agreement (Toyota Motor Credit Receivables Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the amount of Advances made in respect of the aggregate Realized Losses, if any, for Receivables during the related Collection Period and the amount of unreimbursed Advances on such Collection PeriodDistribution Date;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xi) the amount of defaults and net losses on the Receivables for the related Collection Period;
(xii) [Reserved]the number of delinquencies on the Receivables as a percentage of the number of Receivables;
(xiii) [Reserved]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) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period (or that have cumulatively become material over time);
(xv) [Reserved]any material breaches of representations, warranties or covenants contained in the Receivables;
(xvi) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xvii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2013-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2013-C Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved]the A-2b Note Rate for the next Interest Period;
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesNovember 2016, time bombsMay 2017, logic bombs, Trojan horses, worms, November 2017 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.May 2018:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2015-B), Sale and Servicing Agreement (CNH Equipment Trust 2015-B)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesJune 2013, time bombsDecember 2013, logic bombs, Trojan horses, worms, June 2014 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.December 2014:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2011-C), Sale and Servicing Agreement (CNH Equipment Trust 2011-C)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement shall also be provided to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed of the distribution allocable to the CertificateholdersYield Supplement Deposit, if any, plus reinvestment income, if any, on the Yield Supplement Account;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date;
(vi) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(vii) the Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Certificates, in each case after giving effect to all payments in respect of principal on such Distribution Date;
(viii) the amount of the Administration Fee paid to the Administrator Advances made in respect of the preceding Receivables during the related Collection PeriodPeriod and the amount of unreimbursed Advances on such Distribution Date;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account and the Yield Supplement Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xiix) [Reserved];the amount of defaults and net losses on the Receivables for the related Collection Period; and
(xiiixi) [Reserved];the number of delinquencies on the Receivables as a percentage of the number of Receivables.
(xivb) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have Trustee, as the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee case may be, shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in copies promptly after such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretorequests.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2005-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2005-B Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesAugust 2014, time bombsFebruary 2015, logic bombs, Trojan horses, wormsAugust 2015, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.February 2016:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2013-A), Sale and Servicing Agreement (CNH Equipment Trust 2013-A)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes and 30-Day Average SOFR (or the applicable Benchmark Replacement) for the related interest accrual period and the interest rate for the interest accrual period relating to such Payment Date for the Class A-2b Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved]any SOFR Adjustment Conforming Changes for the Class A-2b Notes for the related interest accrual period, if applicable;
(xix) [Reserved];if a Benchmark Transition Event and its related Benchmark Replacement Date occurs, the Benchmark Replacement Date, the Benchmark Replacement, any Benchmark Replacement Adjustment and any Benchmark Replacement Conforming Changes for the Class A-2b Notes for the related interest accrual period; and
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxhxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2024-C), Sale and Servicing Agreement (CNH Equipment Trust 2024-C)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesMay 2015, time bombsNovember 2015, logic bombsMay 2016, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.November 2016:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2013-D), Sale and Servicing Agreement (CNH Equipment Trust 2013-D)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]any material changes 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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables. 43 (NAROT 2020-B Sale and Servicing Agreement)
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii), Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved]the A-2b Note Rate for the next Interest Period;
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesFebruary 2017, time bombsAugust 2017, logic bombs, Trojan horses, worms, February 2018 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.August 2018:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2015-C), Sale and Servicing Agreement (CNH Equipment Trust 2015-C)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement shall also be provided to the Servicer, and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency (which may be delivered by causing the Seller to post the notice to the website maintained by the Seller for notifications to nationally recognized statistical rating organizations)) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the amount of Advances made in respect of the aggregate Realized Losses, if any, for Receivables during the related Collection Period and the amount of unreimbursed Advances on such Collection PeriodDistribution Date;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xi) the amount of defaults and net losses on the Receivables for the related Collection Period;
(xii) [Reserved]the number of delinquencies on the Receivables as a percentage of the number of Receivables;
(xiii) [Reserved]the amount of the currency swap payments and the currency swap termination payments, if any, due to the Currency Swap Counterparty under the Currency Swap Agreement described in Section 5.10;
(xiv) [Reserved]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;
(xv) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period;
(xvi) [Reserved]any material breaches of representations, warranties or covenants contained in the Receivables;
(xvii) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xviii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xixb) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2011-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2011-a Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved]the A-2b Note Rate for the next Interest Period;
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesNovember 2017, time bombsMay 2018, logic bombs, Trojan horses, worms, November 2018 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.May 2019:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2016-B), Sale and Servicing Agreement (CNH Equipment Trust 2016-B)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the amount of Advances made in respect of the aggregate Realized Losses, if any, for Receivables during the related Collection Period and the amount of unreimbursed Advances on such Collection PeriodDistribution Date;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xi) the amount of defaults and net losses on the Receivables for the related Collection Period;
(xii) [Reserved]the number of delinquencies on the Receivables as a percentage of the number of Receivables;
(xiii) [Reserved]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) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period (or that have cumulatively become material over time);
(xv) [Reserved]any material breaches of representations, warranties or covenants contained in the Receivables;
(xvi) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xvii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests. 47 (000Nissan 2014-A Sale and Servicing Agreement)
(c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2014-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2014-a Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesMarch 2014, time bombsSeptember 2014, logic bombs, Trojan horses, wormsMarch 2015, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoSeptember 2015.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2012-C), Sale and Servicing Agreement (CNH Equipment Trust 2012-C)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesMarch 2018, time bombsSeptember 2018, logic bombs, Trojan horses, worms, March 2019 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.September 2019:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2016-C), Sale and Servicing Agreement (CNH Equipment Trust 2016-C)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesAugust 2015, time bombsFebruary 2016, logic bombs, Trojan horses, worms, August 2016 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.February 2017:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2014-A), Sale and Servicing Agreement (CNH Equipment Trust 2014-A)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Distribution Date, the Servicer shall provide to the Owner Trustee (with a copy to the Rating Agencies and each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date and to the Indenture Trustee (with a copy to the Rating Agencies), each Paying Agent) for the Indenture Trustee to make available forward to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) record as of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment most recent Record Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit CExhibits A and B, respectively, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of allocable to each Class of NotesNotes and to the Certificates;
(ii) the amount of the such distribution allocable to interest on allocable to each Class of NotesNotes and to the Certificates;
(iii) the amount to be distributed to outstanding principal balance of each Class of Notes, the Certificateholders;
(iv) Note Pool Factor for each such Class, the Certificate Balance and the Certificate Pool Balance Factor as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(viiiv) the amount of the Servicing Fee paid to the Servicer with respect to the preceding related Collection Period;
(viiiv) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such with respect to the related Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xivi) the balance of the Spread Reserve Account on such Payment Determination Date after giving effect to deposits and withdrawals to be made on the next following Distribution Date, if any;
(vii) the aggregate Payahead Balance; and
(viii) the Pool Balance as of the close of business on the last day of the related Payment DateCollection Period, after giving effect to changes therein payments allocated to principal reported under clause (i) above. Each amount set forth on such Payment Date;
the Distribution Date statement under clauses (xiii), (ii) [Reserved];
or (xiiiiv) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet websiteabove shall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate or Note, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Premier Auto Trust 1996-4), Sale and Servicing Agreement (Citigroup Vehicle Securities Inc)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesAugust 2016, time bombsFebruary 2017, logic bombs, Trojan horses, worms, August 2017 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.February 2018:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2015-A), Sale and Servicing Agreement (CNH Equipment Trust 2015-A)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information (or such other substantially similar information so long as to each Class such information satisfies the requirement of the Notes and the Certificates to the extent applicable:Item 1121 of Regulation AB):
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of Receivables that are 31-60, 61-90, 91-120 and more than 120 days delinquent as of the Spread Account on end of the related Payment Date, after giving effect to changes therein on such Payment DateCollection Period;
(xii) [Reserved]the aggregate Principal Balance of Receivables that are 31-60, 61-90, 91-120 and more than 120 days delinquent as of the end of the related Collection Period;
(xiii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiv) [Reserved]the Delinquency Percentage;
(xv) [Reserved]the Delinquency Trigger;
(xvi) [Reserved]any material changes 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;
(xvii) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xviii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xixb) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2024-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2024-a Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information (or such other substantially similar information so long as to each Class such information satisfies the requirement of the Notes and the Certificates to the extent applicable:Item 1121 of Regulation AB):
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Principal Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of Receivables that are 31-60, 61-90, 91-120 and more than 120 days delinquent as of the Spread Account on end of the related Payment Date, after giving effect to changes therein on such Payment DateCollection Period;
(xii) [Reserved]the aggregate Principal Balance of Receivables that are 31-60, 61-90, 91-120 and more than 120 days delinquent as of the end of the related Collection Period;
(xiii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiv) [Reserved]the Delinquency Percentage;
(xv) [Reserved]the Delinquency Trigger;
(xvi) [Reserved]any material changes 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;
(xvii) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xviii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xixb) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2024-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2024-B Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Distribution Date, the Servicer Owner Trustee shall provide include with each distribution to each Certificateholder, the Servicer's Certificate (which statement shall also have been provided to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available Security Insurer and to each Noteholder of record, and, if NH Credit or an Affiliate is not Rating Agency by the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible Servicer) delivered on the related Payment Determination Date pursuant to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C3.9, setting forth at least for the Monthly Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution allocable to principal of each Class of Notesprincipal;
(ii) the amount of the such distribution allocable to interest on each Class of Notesinterest;
(iii) the amount of such distribution payable out of amounts withdrawn from the Reserve Account or the Spread Account or pursuant to be distributed to a claim on the CertificateholdersCertificate Policy;
(iv) the Pool Certificate Balance as and the remaining balance of the close each class of business Notes (after giving effect to distributions made on the last day of the preceding Collection Periodsuch Distribution Date);
(v) the aggregate Outstanding Amount Class A-1 Interest Carryover Shortfall, the Class A-2 Interest Carryover Shortfall, the Class A-3 Interest Carryover Shortfall, the Class A-4 Interest Carryover Shortfall, the Class A-5 Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall and the Note Pool Factor for each Class of Notes as of Certificateholders' Principal Carryover Shortfall, if any, and the change in such Payment Date, after giving effect to payments allocated to principal reported under clause (i) aboveamounts from the preceding statement;
(vi) [Reserved]the amount of fees paid by the Trust with respect to such Monthly Period;
(vii) for Distribution Dates during the amount of Funding Period, the Servicing Fee paid to remaining Pre-Funded Amount and the Servicer with respect to the preceding Collection Periodremaining Reserve Amount;
(viii) for the amount Distribution Date on or immediately following the end of the Administration Fee paid Funding Period, the Certificate Prepayment Amount, the Certificate Prepayment Premium, if any, and the remaining Reserve Amount that has not been distributed pursuant to Section 4.6 or to the Administrator in respect of the preceding Collection Period;General Partners; and
(ix) the Certificate Pool Factor (after giving effect to distributions made on such Distribution Date). Each amount set forth pursuant to subclauses (i) through (iv) above may be expressed as a dollar amount per $1,000 of original principal balance of a Certificate.
(b) On each Payment Date, the Indenture Trustee shall include with each distribution to each Noteholder, the Servicer's Certificate (which statement shall also have been provided to the Security Insurer and to each Rating Agency by the Servicer) delivered on the related Determination Date pursuant to Section 3.9, setting forth for the Monthly Period relating to such Payment Date the following information with respect to each class of Notes:
(i) the amount of such distribution allocable to principal;
(ii) the aggregate Realized Lossesamount of such distribution allocable to interest;
(iii) the amount of such distribution payable out of amounts withdrawn from the Reserve Account, the Class A-1 Holdback Subaccount, the Spread Account or pursuant to a claim on the Note Policy;
(iv) the outstanding principal balance of the Notes and the Certificate Balance (after giving effect to distributions made on such Payment Date);
(v) the Class A-1 Interest Carryover Shortfall, the Class A-2 Interest Carryover Shortfall, the Class A-3 Interest Carryover Shortfall, the Class A-4 Interest Carryover Shortfall, the Class A-5 Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall and the Certificateholders' Principal Carryover Shortfall, if any, for and the change in such Collection amounts from the preceding statement;
(vi) the amount of fees paid by the Trust with respect to such Monthly Period;
(xvii) for Payment Dates during the aggregate Purchase Amounts Funding Period, the remaining Pre-Funded Amount, the remaining Reserve Amount and the amount on deposit in the Class A-1 Holdback Subaccount;
(viii) for Receivablesthe Payment Date on or immediately following the end of the Funding Period, the Class A-1 Prepayment Amount, the Class A-2 Prepayment Amount, the Class A-3 Prepayment Amount, the Class A-4 Prepayment Amount, the Class A-5 Prepayment Amount, the Class A-1 Prepayment Premium, the Class A-2 Prepayment Premium, the Class A-3 Prepayment Premium, the Class A-4 Prepayment Premium and the Class A-5 Prepayment Premium, if any, and the remaining Reserve Amount that were repurchased has not been distributed pursuant to Section 4.6 or purchased in such Collection Period;to the General Partners; and
(xiix) the balance Note Pool Factor with respect to each class of the Spread Account on the related Payment Date, Notes (after giving effect to changes therein distributions made on such Payment Date;). Each amount set forth pursuant to subclauses (i) through (iv) above may be expressed as a dollar amount per $1,000 of original principal balance of a Note.
(xiic) [Reserved];
Certificate Owners may obtain copies of the certificates delivered by the Owner Trustee pursuant to subsection (xiiia) [Reserved];
above upon written request to the Owner Trustee at the Corporate Trust Office (xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) together with a certification that such Person is a Certificate Owner and payment of any expenses associated with the Specified Spread Account Balancedistribution thereof). The Note Owners may obtain copies of the statements delivered by the Indenture Trustee will make the statement pursuant to Noteholders available each month subsection (b) above upon written request to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at its Corporate Trust Office (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders together with a certification that such Person is distributed in order to make such distribution more convenient and/or more accessible to the above parties a Note Owner and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding payment of any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection expenses associated with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretodistribution thereof).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Olympic Receivables Finance Corp), Sale and Servicing Agreement (Olympic Receivables Finance Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Date, the Master Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), ) for the Indenture Trustee to make available forward to each Noteholder of record, andto each Paying Agent, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholderany, and to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
: (i) the amount of such distribution allocable to principal of each Class class of Notes;
Notes and to the Certificate Balance of the Certificates; (ii) the amount of the such distribution allocable to interest on or with respect to each Class class of Notes;
Notes and to the Certificates; (iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as aggregate outstanding principal balance of each class of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount Notes and the Note Pool Factor for each Class of Notes as of such Payment Date, Certificate Balance after giving effect to payments allocated to principal reported under clause (i) above;
; (vi) [Reserved];
(viiiv) the amount of the Total Servicing Fee paid to the Master Servicer with respect to the preceding Collection related Due Period;
; (viiiv) the The amount of the Administration Fee paid Monthly Advances payment to be made on the Administrator in respect of the preceding Collection Period;
Determination Date; (ixvi) the amount of the aggregate Realized Losses, if any, for such Collection Due Period;
; (xvii) the aggregate Purchase Amounts for ReceivablesReserve Account Transfer Amount, if any, that were repurchased or purchased in for such Collection Period;
(xi) 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 the Spread Reserve Account (if any) on the related Payment such Distribution Date, after giving effect to changes therein on such Payment Distribution Date;
; (xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xxviii) the Specified Spread Account Balance. The Indenture Trustee will make Noteholders' Interest Carryover Shortfall, the statement to Noteholders available each month to Noteholders Certificateholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, and other parties the Certificateholders' Principal Carryover Shortfall; (ix) the amounts which are reimbursable to the Basic Documents via Master Servicer for Reimbursable Amounts and Nonrecoverable Advances; (x) the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use amount of Servicing Advances for the above website are entitled to have a paper copy mailed to them via first class mail preceding Due Period; and (xi) the aggregate Purchase Price paid by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have Seller or the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible Master Servicer with respect to the related Due Period. Each amount set forth pursuant to paragraph (i), (ii), (vi) or (xi) above parties and to shall be expressed as a dollar amount per $1,000 of the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to initial principal balance of the Noteholders regarding any such change. In connection with any electronic transmissions of informationNotes (or class thereof) or the initial Certificate Balance, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 2 contracts
Samples: Master Servicing Agreement (Structured Asset Mortgage Investments Inc), Master Servicing Agreement (Structured Asset Mortgage Investments Inc)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the amount of Advances made in respect of the aggregate Realized Losses, if any, for Receivables during the related Collection Period and the amount of unreimbursed Advances on such Collection PeriodDistribution Date;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xi) the amount of defaults and net losses on the Receivables for the related Collection Period;
(xii) [Reserved]the number of delinquencies on the Receivables as a percentage of the number of Receivables;
(xiii) [Reserved]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) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period;
(xv) [Reserved]any material breaches of representations, warranties or covenants contained in the Receivables;
(xvi) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xvii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2013-a Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2013-a Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date preceding a Distribution Date, the Servicer Administrator shall provide to the Indenture Trustee and the Trustee (with a copy to the Rating Agencies), ) for the Indenture Trustee to make available forward on such succeeding Distribution Date to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or record and for the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward on such succeeding Distribution Date to each Certificateholder of record, record a statement substantially in the form of Exhibit Cstatement, setting forth at least the following information with respect to such Distribution Date as to each Class of the Notes and the Certificates to the extent applicable:
(ia) the amount of such distribution allocable to principal of each Class class of the Notes;
(iib) the amount of the distribution allocable to interest on each Class class of the Notes;
(iiic) the amount to be distributed of the distribution allocable to the CertificateholdersCertificates;
(ivd) the amount of Swap Payments payable by the Issuer to the applicable Swap Counterparty, the amount payable by the Swap Counterparties to the Issuer and the amount of Swap Termination Payments payable by either the Issuer or a Swap Counterparty;
(e) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(vf) the aggregate Outstanding Amount and outstanding principal balance of the Notes, the Note Pool Factor for each Class of Notes Factor, as of such Payment Distribution Date, after giving effect to payments allocated to principal reported under clause clauses (ia) and (c) above;
(vig) [Reserved]the Note Rate for the next period for any class of Notes;
(viih) the amount of the Primary Servicing Fee and any Carryover Servicing Fee paid to the Servicer with respect on such Distribution Date and on the two preceding Monthly Servicing Payment Dates, and the amount, if any, of the Carryover Servicing Fee remaining unpaid after giving effect to the preceding Collection Periodany such payments;
(viiii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Periodon such Distribution Date;
(ixj) the amount of the aggregate Realized Lossesprincipal balances of Trust Student Loans that became Charged-Off Loans, if any, for the related Collection Period and the balance of Trust Student Loans that are delinquent in each delinquency period as of the end of such Collection Period;
(xk) the amount of any Note Interest Shortfall, if any, in each case as applicable to each class of Notes, and the change in such amounts from the preceding statement;
(l) the aggregate Purchase Amounts for ReceivablesTrust Student Loans, if any, that were repurchased by the Depositor or the Seller or purchased by the Servicer from the Issuer in such Collection Period;
(xim) whether the Cumulative Realized Loss Test is satisfied on such Distribution Date; and
(n) the respective balance of the Spread Reserve Account and the Cash Capitalization Account on the related Payment such Distribution Date, after giving effect to changes therein on such Payment Distribution Date;
. Each amount set forth pursuant to clauses (xiia), (b), (c), (e), (i), (j) [Reserved];
and (xiiil) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) above shall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate or Note, as applicable. A copy of the Specified Spread Account Balance. The Indenture Trustee will make the statement statements referred to Noteholders available each month to Noteholders and other parties above may be obtained by any Certificate Owner or Note Owner by a written request to the Basic Documents via Trustee or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible respectively, addressed to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretorespective Corporate Trust Office.
Appears in 2 contracts
Samples: Administration Agreement (SLM Education Credit Funding LLC), Administration Agreement (SLM Education Credit Funding LLC)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available forward to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, and to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Trustee, for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit CExhibits A and B, respectively, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on of each Class of Notes;
(iii) the amount of the distribution allocable to be distributed to (A) Deferred Purchase Price and (B) principal of the CertificateholdersCertificates;
(iv) the amount of the distribution allocable to interest on the Deferred Purchase Price and the Certificates;
(v) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(vvi) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes Notes, and the Certificate Balance and the Certificate Pool Factor as of such Payment Date, after giving effect to payments allocated to principal reported under clause clauses (i) and (iii) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related such Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved]for Payment Dates during the Funding Period, the remaining Pre-Funded Amount;
(xiii) [Reserved]for the final Payment Date with respect to the Funding Period, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(xiv) [Reserved];the balance of the Yield Supplement Account on such Payment Date, after giving effect to changes therein on such Payment Date; and
(xv) [Reserved];
the balance of the Negative Carry Account on such Payment Date, after giving effect to changes therein on such Payment Date. Each amount set forth pursuant to clauses (xvii), (ii), (iii), (iv), (vii) [Reserved];
and (xviiviii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet websiteshall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate or Note, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Case Receivables Ii Inc), Sale and Servicing Agreement (Case Receivables Ii Inc)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of recordNoteholder, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement shall also be provided to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed of the distribution allocable to the CertificateholdersYield Supplement Deposit, if any, plus reinvestment income, if any, on the Yield Supplement Account;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vi) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(vii) the Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Certificates, in each case after giving effect to all payments in respect of principal on such Distribution Date;
(viii) the amount of the Administration Fee paid to the Administrator Advances made in respect of the preceding Receivables during the related Collection PeriodPeriod and the amount of unreimbursed Advances on such Distribution Date;
(ix) the balance of the Reserve Account and the Yield Supplement Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the amount of the currency swap payments and the currency swap termination payments, if any, due to the Currency Swap Counterparty under the Currency Swap Agreement described in Section 5.11;
(xiii) [Reserved]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) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period;
(xv) [Reserved]any material breaches of representations, warranties or covenants contained in the Receivables;
(xvi) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xvii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2009-1 Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2008-B Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available forward to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, and to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Trustee, for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit CExhibits A and B, respectively, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on of each Class of Notes;
(iii) the amount of the distribution allocable to be distributed to principal of the CertificateholdersCertificates;
(iv) the amount of the distribution allocable to interest on the Certificates;
(v) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(vvi) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes Notes, and the Certificate Balance and the Certificate Pool Factor as of such Payment Date, after giving effect to payments allocated to principal reported under clause clauses (i) and (iii) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related such Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved]for Payment Dates during the Funding Period, the remaining Pre-Funded Amount;
(xiii) [Reserved]for the final Payment Date with respect to the Funding Period, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(xiv) [Reserved];the balance of the Yield Supplement Account on such Payment Date, after giving effect to changes therein on such Payment Date; and
(xv) [Reserved];
the balance of the Negative Carry Account on such Payment Date, after giving effect to changes therein on such Payment Date. Each amount set forth pursuant to clauses (xvii), (ii), (iii), (iv), (vii) [Reserved];
and (xviiviii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet websiteshall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate or Note, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Case Receivables Ii Inc), Sale and Servicing Agreement (Case Receivables Ii Inc)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesSeptember 2018, time bombsMarch 2019, logic bombs, Trojan horses, worms, September 2019 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.March 2020:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2017-A), Sale and Servicing Agreement (CNH Equipment Trust 2017-A)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved];the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date; 40 (NAROT 2023-B Sale and Servicing Agreement)
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]any material changes 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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC), Sale and Servicing Agreement (NISSAN AUTO RECEIVABLES Co II LLC)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the amount of Advances made in respect of the aggregate Realized Losses, if any, for Receivables during the related Collection Period and the amount of unreimbursed Advances on such Collection PeriodDistribution Date;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Reserve Account on the related Payment such Distribution Date, after giving effect to changes therein thereto on such Payment DateDistribution Date and the amount of such changes;
(xi) the amount of defaults and net losses on the Receivables for the related Collection Period;
(xii) [Reserved]the number of delinquencies on the Receivables as a percentage of the number of Receivables;
(xiii) [Reserved]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) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period (or that have cumulatively become material over time);
(xv) [Reserved]any material breaches of representations, warranties or covenants contained in the Receivables;
(xvi) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xvii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties posting of disbursements or otherwise. 47 (Nissan 2013-B Sale and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.Servicing Agreement)
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2013-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2013-B Owner Trust)
Statements to Certificateholders and Noteholders. (a) On or prior to each Determination Date Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Security Insurer and the Rating Agencies), ) for the Indenture Trustee to make available forward to each Noteholder of record, andto each Paying Agent, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholderany, and to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit B and Exhibit C, respectively, setting forth at least the following information with respect to distributions on the related Distribution Date as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the such distribution allocable to interest on or with respect to each Class of Notes;
(iii) the amount of such distribution payable pursuant to a claim on the Note Policy and any remaining outstanding balance available to be distributed to drawn under the Certificateholdersapplicable Note Policy;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Monthly Period;
(v) the aggregate Outstanding Amount and outstanding principal amount of each Class of the Notes, the Note Pool Factor for each Class of Notes as of such Payment DateClass, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Periodrelated Monthly Period and/or due but unpaid with respect to such Monthly Period or prior Monthly Periods, as the case may be;
(vii) the Noteholders' Interest Carryover Shortfall and the Noteholders' Principal Carryover Shortfall;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection the second preceding Monthly Period;
(xix) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Periodperiod;
(x) for Distribution Dates during the Funding Period (if any), the remaining Pre-Funded Amount, the amount in the Pre-Funding Account and the amount remaining in the Capitalized Interest Account;
(xi) for the balance of the Spread Account on the related Payment final Subsequent Transfer Date, after giving effect the amount of any remaining Pre-Funded Amount that has not been used to changes therein on such Payment Datefund the purchase of Subsequent Receivables and is passed through as principal to Noteholders;
(xii) [Reserved]the amounts which were collected by the Servicer;
(xiii) [Reserved]the aggregate amount which was received by the Trust from the Servicer;
(xiv) [Reserved]any reimbursements to the Security Insurer;
(xv) [Reserved];delinquency information relating to Receivables which are 30, 60 or 90 days delinquent, and
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties aggregate amount distributed to the Basic Documents via Certificateholders. Each amount set forth pursuant to paragraph (i), (ii), (iii), (vii), (x) and (xi) above shall be expressed as a dollar amount per $1,000 of the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use initial principal balance of the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at Notes (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoClass thereof).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (TMS Auto Holdings Inc), Sale and Servicing Agreement (TMS Auto Holdings Inc)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware virusesNovember 2014, time bombsMay 2015, logic bombs, Trojan horses, worms, November 2015 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.May 2016:
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2013-B), Sale and Servicing Agreement (CNH Equipment Trust 2013-B)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Period;changes; 41 (NAROT 2017-C Sale and Servicing Agreement)
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2017-C Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2017-C Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Date, the Master Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), ) for the Indenture Trustee to make available forward to each Noteholder of record, andto each Paying Agent, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholderany, and to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
: (i) the amount of such distribution allocable to principal of each Class class of Notes;
Notes and to the Certificate Balance of the Certificates; (ii) the amount of the such distribution allocable to interest on or with respect to each Class class of Notes;
Notes and to the Certificates; (iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as aggregate outstanding principal balance of each class of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount Notes and the Note Pool Factor for each Class of Notes as of such Payment Date, Certificate Balance after giving effect to payments allocated to principal reported under clause (i) above;
; (vi) [Reserved];
(viiiv) the amount of the Total Servicing Fee paid to the Master Servicer with respect to the preceding Collection related Due Period;
; (viiiv) the amount of the Administration Fee paid Monthly Advances payment to be made on the Administrator in respect of the preceding Collection Period;
Determination Date; (ixvi) the amount of the aggregate Realized Losses, if any, for such Collection Due Period;
; (xvii) the aggregate Purchase Amounts for ReceivablesReserve Account Transfer Amount, if any, that were repurchased or purchased in for such Collection Period;
(xi) 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 Initial Beneficial Holder from the Reserve Account on such Distribution Date, and the balance of the Spread Reserve Account (if any) on the related Payment such Distribution Date, after giving effect to changes therein on such Payment Distribution Date;
; (xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xxviii) the Specified Spread Account Balance. The Indenture Trustee will make Noteholders' Interest Carryover Shortfall, the statement to Noteholders available each month to Noteholders Certificateholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, and other parties the Certificateholders' Principal Carryover Shortfall; (ix) the amounts which are reimbursable to the Basic Documents via Master Servicer for Reimbursable Amounts and Nonrecoverable Advances; (x) the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use amount of Servicing Advances for the above website are entitled to have a paper copy mailed to them via first class mail preceding Due Period; and (xi) the aggregate Purchase Price paid by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have Initial Beneficial Holder or the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible Master Servicer with respect to the related Due Period. Each amount set forth pursuant to paragraph (i), (ii), (vi) or (xi) above parties and to shall be expressed as a dollar amount per $1,000 of the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to initial principal balance of the Noteholders regarding any such change. In connection with any electronic transmissions of informationNotes (or class thereof) or the initial Certificate Balance, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 2 contracts
Samples: Master Servicing Agreement (Gs Mortgage Securities Corp), Master Servicing Agreement (Gs Mortgage Securities Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make 40 (Nissan 2017-B Sale and Servicing Agreement) available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2017-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2017-B Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved]the A-2b Note Rate for the Interest Period concluding on such Payment Date;
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxxxxxx://xxx.xxx.xx.xxx/investpublic. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2017-B), Sale and Servicing Agreement (CNH Equipment Trust 2017-B)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date; 40 (Nissan 2016-B Sale and Servicing Agreement)
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in each case after giving effect to all payments in respect of the preceding Collection Periodprincipal on such Distribution Date;
(ix) the balance of the Reserve Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the aggregate Principal Balance of 60-Day Delinquent Receivables for such Distribution Date;
(xiii) [Reserved]the Delinquency Percentage;
(xiv) [Reserved]the Delinquency Trigger;
(xv) [Reserved]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;
(xvi) [Reserved];any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period; and
(xvii) [Reserved];any material breaches of representations, warranties or covenants with respect to the Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at Trustee, as the case may be, shall provide such copies promptly after such requests.
(000c) 000-0000. The Indenture Trustee No disbursements shall have be made directly by the right Servicer to change a Noteholder, and the way the statement Servicer shall not be required to Noteholders is distributed in order to make such distribution more convenient and/or more accessible maintain any investor record relating to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions posting of information, including without limitation, the use of electronic mail disbursements or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretootherwise.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Nissan Auto Receivables 2016-B Owner Trust), Sale and Servicing Agreement (Nissan Auto Receivables 2016-B Owner Trust)
Statements to Certificateholders and Noteholders. (a) On each Determination Date Distribution Date, the Servicer Owner Trustee shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available deliver to each Noteholder of recordCertificateholder (other than the General Partner) and JPMD, and, if NH Credit or an Affiliate is not a statement based on information in the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible Servicer's Certificate delivered on the related Payment Determination Date pursuant to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)3.9, setting forth for the Indenture Trustee Monthly Period or TrusteeInterest Accrual Period, as applicable, relating to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution allocable to principal of each Class of Notesprincipal;
(ii) the amount of the such distribution allocable to interest on each Class of Notesinterest;
(iii) the amount to be distributed to of such distribution payable out of amounts withdrawn from the CertificateholdersSpread Account;
(iv) the Pool Certificate Balance as and the remaining balance of the close of business Notes (after giving effect to distributions made on the last day of the preceding Collection Periodsuch Distribution Date);
(v) the aggregate Outstanding Amount Noteholders' Interest Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall and the Note Pool Factor for Certificateholders' Principal Carryover Shortfall, if any, and the change in such amounts from the preceding statement; and
(vi) the amount of fees paid by the Trust with respect to such Monthly Period. Each amount set forth pursuant to subclauses (i) through (iv) above may be expressed as a dollar amount per $1,000 of original principal balance of a Certificate.
(b) On each Class of Notes as of such Payment Date, the Indenture Trustee shall deliver to each Noteholder and JPMD, a statement based on information in the Servicer's Certificate delivered on the related Determination Date pursuant to Section 3.9, setting forth for the Monthly Period or Interest Accrual Period, as applicable, relating to such Payment Date the following information with respect to the Notes:
(i) the amount of such distribution allocable to principal;
(ii) the amount of such distribution allocable to interest;
(iii) the amount of such distribution payable out of amounts withdrawn from the Spread Account;
(iv) the outstanding principal balance of the Notes and the remaining Certificate Balance (after giving effect to payments allocated to principal reported under clause distributions made on such Payment Date);
(iv) above;the Noteholders' Interest Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall and the Certificateholders' Principal Carryover Shortfall, if any, and the change in such amounts from the preceding statement; and
(vi) [Reserved];
(vii) the amount of fees paid by the Servicing Fee paid to the Servicer Trust with respect to the preceding Collection such Monthly Period;
. Each amount set forth pursuant to subclauses (viiii) the through (iv) above may be expressed as a dollar amount per $1,000 of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the original principal balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoNote.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Olympic Financial LTD)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available forward to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, and to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Trustee, for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit CExhibits A and B, respectively, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on of each Class of Notes;
(iii) the amount of the distribution allocable to be distributed to principal of the CertificateholdersCertificates;
(iv) the amount of the distribution allocable to interest on the Certificates;
(v) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(vvi) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes Notes, and the Certificate Balance and the Certificate Pool Factor as of such Payment Date, after giving effect to payments allocated to principal reported under clause clauses (i) and (iii) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related such Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved]for Payment Dates during the Funding Period, the remaining Pre-Funded Amount;
(xiii) [Reserved]for the final Payment Date with respect to the Funding Period, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(xiv) [Reserved];the balance of the Principal Supplement Account on such Payment Date, after giving effect to changes therein on such Payment Date; and
(xv) [Reserved];
the balance of the Negative Carry Account on such Payment Date, after giving effect to changes therein on such Payment Date. Each amount set forth pursuant to clauses (xvii), (ii), (iii), (iv), (vii) [Reserved];
and (xviiviii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet websiteshall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate or Note, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
Appears in 1 contract
Statements to Certificateholders and Noteholders. (a) On or prior to each Determination Date Date, the Servicer (provided, that in the event the Backup Servicer is acting as successor Servicer, the Seller shall assist the Backup Servicer in the performance of its obligations under this Section 5.11) shall provide to the Indenture Trustee Trust Collateral Agent the Servicer’s Certificate (with a copy copies to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date . The Trust Collateral Agent will be required to make the payment required under Section 5.2(a) of Servicer’s Certificate related to such Distribution Date available to the Trust Agreement) or Noteholders, the Trustee (if Certificateholder, the Trustee is responsible on Initial Purchasers and the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Backup Servicer. Each Servicer’s Certificate will include, for the Indenture Trustee or Trusteeamong other things, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as with respect to each Class of the Notes and the Certificates with respect to the extent related Distribution Date, or the period since the previous Distribution Date, as applicable:
(i) the amount of such the related distribution allocable to principal of each Class of the Notes;
(ii) the amount of the related distribution allocable to interest on each Class of the Notes;
(iii) the amount to be distributed to of the Certificateholdersrelated distribution payable out of the Reserve Account;
(iv) the Pool Aggregate Outstanding Eligible Loan Balance and the aggregate Outstanding Balance of all Eligible Contracts as of the close of business on the last day of the preceding Collection Period (in each case, calculated separately in respect of all Purchased Loans, all Dealer Loans and all Loans in the aggregate) and the Forecasted Collections as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount Aggregate Note Balance, the Class A Note Balance, the Class B Note Balance, the Class C Note Balance and the Class D Note Pool Factor for Balance, in each Class of Notes as of such Payment Date, case after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding related Collection PeriodPeriod and/or due but unpaid with respect to such Collection Period or prior Collection Periods, as the case may be;
(vii) the Class A Interest Carryover Shortfall, if any, the Class B Interest Carryover Shortfall, if any, the Class C Interest Carryover Shortfall, if any, and the Class D Interest Carryover Shortfall, if any;
(viii) the total amount of Collections for the Administration Fee paid to the Administrator in respect of the preceding related Collection Period;
(ix) the amount of aggregate Purchase Amount for the aggregate Realized LossesIneligible Loans and Ineligible Contracts, if any, for that was paid in such Collection Period;period; and
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such actual Collections during the related Collection Period and the actual cumulative Collections as of the related Collection Period;, in each case as compared to the Forecasted Collections as of the Closing Date; and
(xi) the balance confirmation of Credit Acceptance’s compliance (or failure to comply, if applicable) with its undertakings pursuant to Section 11.19 in respect of the Spread Account on retention of the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account BalanceRetained Interest. The Indenture Trustee will Trust Collateral Agent shall make such information and certain other documents, reports, and Loan and Contract information provided by the statement Servicer’s Certificate available to Noteholders available each month to Noteholders and other parties to the Basic Documents Noteholder via the Indenture Trustee’s website. The Indenture Trustee’s internet website, which is presently website shall be initially located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail “xxx.XXXXxxx.xxx” or at such other address as shall be specified by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right from time to change the way the statement to Noteholders is distributed time in order to make such distribution more convenient and/or more accessible to the above parties and writing to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of informationproviding access to the Indenture Trustee’s website, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee may require registration and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronicallyacceptance of a disclaimer. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without Trust Collateral Agent will make no representation or warranty warranties as to the intended uses accuracy or completeness of such systems, software or hardwaredocuments and will assume no responsibility therefor. The Indenture Trustee makes no representation or warranty that Trust Collateral Agent shall not be liable for the systems and the related software used in connection with the electronic transmission dissemination of information are free received and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used distributed in the manner to which it is intended, or which would permit unauthorized access theretoaccordance with this Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Credit Acceptance Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, and to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Trustee, for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit CExhibits A and B, respectively, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved]the amount of the Backup Servicer Fees paid to the Backup Servicer with respect to the prior Collection Period;
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved]for Payment Dates during the Funding Period, the Remaining Pre-Funded Amount;
(xiii) [Reserved]for the final Payment Date with respect to the Funding Period, the amount of any Remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(xiv) [Reserved]the balance of the Principal Supplement Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xv) [Reserved]the balance of the Negative Carry Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xvi) [Reserved]the A-4 Note Rate for the next Interest Period;
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and if the related software used Payment Date falls in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, March 2008 or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.September 2008;
Appears in 1 contract
Samples: Sale and Servicing Agreement (CNH Equipment Trust 2006-A)
Statements to Certificateholders and Noteholders. (a) On or prior to each Determination Date Date, the Servicer (provided, that in the event the Backup Servicer is acting as successor Servicer, the Seller shall assist the Backup Servicer in the performance of its obligations under this Section 5.11) shall provide to the Indenture Trustee Trust Collateral Agent the Servicer’s Certificate (with a copy copies to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date . The Trust Collateral Agent will be required to make the payment required under Section 5.2(a) of Servicer’s Certificate related to such Distribution Date available to the Trust Agreement) or Noteholders, the Trustee (if Certificateholder, the Trustee is responsible on Initial Purchasers and the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Backup Servicer. Each Servicer’s Certificate will include, for the Indenture Trustee or Trusteeamong other things, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as with respect to each Class of the Notes and the Certificates with respect to the extent related Distribution Date, or the period since the previous Distribution Date, as applicable:
(i) the amount of such the related distribution allocable to principal of each Class of the Notes;
(ii) the amount of the related distribution allocable to interest on each Class of the Notes;
(iii) the amount to be distributed to of the Certificateholdersrelated distribution payable out of the Reserve Account;
(iv) the Pool Aggregate Outstanding Eligible Loan Balance and the aggregate Outstanding Balance of all Eligible Contracts as of the close of business on the last day of the preceding related Collection Period (in each case, calculated separately in respect of all Purchased Loans, all Dealer Loans and all Loans in the aggregate) and the Forecasted Collections as of the close of business on the last day of the related Collection Period;
(v) the aggregate Outstanding Amount Aggregate Note Balance, the Class A Note Balance, the Class B Note Balance and the Class C Note Pool Factor for Balance, in each Class of Notes as of such Payment Date, case after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding related Collection Period and/or due but unpaid with respect to such Collection Period or prior Collection Periods, as the case may be;
(vii) the amount of the Backup Servicing Fee paid to the Backup Servicer with respect to the related Collection Period and/or due but unpaid with respect to such Collection Period or prior Collection Period, as the case may be;
(viii) the amount of the Administration Owner Trustee Fee paid to the Administrator in Owner Trustee with respect of to the preceding related Collection Period and/or due but unpaid with respect to such Collection Period or prior Collection Period, as the case may be;
(ix) the amount of the aggregate Realized Losses, if any, for Indenture Trustee Fee paid to the Indenture Trustee with respect to the related Collection Period and/or due but unpaid with respect to such Collection Period or prior Collection Period, as the case may be;
(x) the aggregate Purchase Amounts for ReceivablesClass A Interest Carryover Shortfall, if any, that were repurchased or purchased in such Collection Periodthe Class B Interest Carryover Shortfall, if any, and the Class C Interest Carryover Shortfall, if any;
(xi) the balance total amount of the Spread Account on Collections for the related Payment Date, after giving effect to changes therein on such Payment DateCollection Period;
(xii) [Reserved]the aggregate Purchase Amount for the Ineligible Loans and Ineligible Contracts, if any, that was paid in such period;
(xiii) [Reserved]the actual Collections for the related Collection Period and the Cumulative Actual Collections for the related Collection Period as compared to the Base Case Forecasted Collections for the related Collection Period and the Cumulative Forecasted Collections for the related Collection Period, respectively;
(xiv) [Reserved];to the extent any Removal is to be made in connection with such Distribution Date, the following information regarding the Removed Loans transferred and released in connection with such Removal: the Outstanding Balance of all Removed Loans as of the close of business on the last day of the related Collection Period (calculated separately for the Removed Loans constituting Purchased Loans and the Removed Loans constituting Dealer Loans); and
(xv) [Reserved];
confirmation of Credit Acceptance’s compliance (xvior failure to comply, if applicable) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) with its undertakings pursuant to Section 11.19 in respect of the Specified Spread Account Balanceretention of the Retained Interest. The Indenture Trustee will Trust Collateral Agent shall make such information and certain other documents, reports, and Loan and Contract information provided by the statement Servicer’s Certificate available to Noteholders available each month to Noteholders and other parties to the Basic Documents Noteholder via the Indenture Trustee’s website. The Indenture Trustee’s internet website, which is presently website shall be initially located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail “xxx.XXXXxxx.xxx” or at such other address as shall be specified by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right from time to change the way the statement to Noteholders is distributed time in order to make such distribution more convenient and/or more accessible to the above parties and writing to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of informationproviding access to the Indenture Trustee’s website, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee may require registration and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronicallyacceptance of a disclaimer. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without Trust Collateral Agent will make no representation or warranty warranties as to the intended uses accuracy or completeness of such systems, software or hardwaredocuments and will assume no responsibility therefor. The Indenture Trustee makes no representation or warranty that Trust Collateral Agent shall not be liable for the systems and the related software used in connection with the electronic transmission dissemination of information are free received and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used distributed in the manner to which it is intended, or which would permit unauthorized access theretoaccordance with this Agreement.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Credit Acceptance Corp)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit or an Affiliate is not and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward shall include with each distribution to each Certificateholder of record, a statement substantially (which statement shall also be provided to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of NotesNotes and to the Certificate Balance;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed of the distribution allocable to the CertificateholdersYield Supplement Deposit, if any, plus reinvestment income, if any, on the Yield Supplement Account;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vi) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(vii) the Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Certificates, in each case after giving effect to all payments in respect of principal on such Distribution Date;
(viii) the amount of the Administration Fee paid to the Administrator Advances made in respect of the preceding Receivables during the related Collection PeriodPeriod and the amount of unreimbursed Advances on such Distribution Date;
(ix) the balance of the Reserve Account and the Yield Supplement Account on such Distribution Date, after giving effect to changes thereto on such Distribution Date and the amount of the aggregate Realized Losses, if any, for such Collection Periodchanges;
(x) the aggregate Purchase Amounts amount of defaults and net losses on the Receivables for Receivables, if any, that were repurchased or purchased in such the related Collection Period;
(xi) the balance number of delinquencies on the Receivables as a percentage of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Datenumber of Receivables;
(xii) [Reserved]the amount of the currency swap payments and the currency swap termination payments, if any, due to the Currency Swap Counterparty under the Currency Swap Agreement described in Section 5.11;
(xiii) [Reserved]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) [Reserved]any material modifications, extensions or waivers to Receivables terms, fees, penalties or payments during the Collection Period;
(xv) [Reserved]any material breaches of representations, warranties or covenants contained in the Receivables;
(xvi) [Reserved];any new issuance of notes or other securities backed by the Receivables; and
(xvii) [Reserved];any material change in the underwriting, origination or acquisition of Receivables.
(xviiib) [Reserved];
(xix) [Reserved];
(xx) Copies of such statements may be obtained by the Specified Spread Account Balance. The Indenture Certificateholders or the Note Owners from the Owner Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via or the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxxas the case may be, by a request in writing. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling The Owner Trustee or the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have Trustee, as the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee case may be, shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in copies promptly after such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretorequests.
Appears in 1 contract
Samples: Sale and Servicing Agreement (Nissan Auto Receivables Corp Ii)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), for the Indenture Trustee to make available to each Noteholder of record, and, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit C, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class of Notes;
(ii) the amount of the distribution allocable to interest on each Class of Notes;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(vi) [Reserved]the amount of the Backup Servicer Fees paid to the Backup Servicer with respect to the prior Collection Period;
(vii) the amount of the Servicing Fee paid to the Servicer with respect to the preceding Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
; [(x) )] the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, after giving effect to changes therein on such Payment Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.
Appears in 1 contract
Samples: Sale and Servicing Agreement (CNH Capital Receivables LLC)
Statements to Certificateholders and Noteholders. (a) On each Determination Date the Servicer shall provide to Distribution Date, the Indenture Trustee (shall include with a copy to the Rating Agencies), for the Indenture Trustee to make available each distribution to each Noteholder of record, and, if NH Credit (or an Affiliate is not make available on its investor website) and the Servicer or the Depositor is not the sole Certificateholder, to the Indenture Owner Trustee (or, if the Indenture Trustee is responsible on the related Payment Date Paying Agent with respect to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement)Certificates, for the Indenture Trustee or Trustee, as applicable, to forward ) shall include with each distribution to each Certificateholder of record, a statement substantially (which statement may be the Servicer’s Certificate and which statement shall also be provided to the Servicer and the Servicer will thereafter deliver or otherwise make available a copy of such statement to each Rating Agency) based on information in the form of Exhibit CServicer’s Certificate furnished pursuant to Section 4.08, setting forth at least for the Collection Period relating to such Distribution Date the following information as to each Class of the Notes and the Certificates to the extent applicableinformation:
(i) the amount of such distribution the payment allocable to the principal amount of each Class of Notes;
(ii) the amount of the distribution payment allocable to interest on or with respect to each Class of Notes;
(iii) the amount to be distributed to the CertificateholdersYSOC Amount;
(iv) the Pool Balance as of the close of business on the last day of the preceding related Collection Period;
(v) the aggregate Outstanding Amount and the Note Adjusted Pool Factor for each Class of Notes Balance as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) abovethe close of business on the last day of the related Collection Period;
(vi) [Reserved];
(vii) the amount of the Base Servicing Fee paid to the Servicer with respect to the preceding related Collection Period, the amount of any unpaid Base Servicing Fees and the change in such amount from that of the prior Distribution Date and the amount of the Supplemental Servicing Fee, if any, paid to the Servicer with respect to the related Collection Period;
(vii) the Noteholders’ Interest Carryover Shortfall and the Noteholders’ Principal Carryover Shortfall, if any, with respect to each Class of Notes, and the change in such amounts from the preceding Distribution Date;
(viii) the amount Outstanding Amount, the Note Factor and the Note Pool Factor with respect to each Class of Notes, and the Administration Fee paid Certificate Balance, the Certificate Factor and the Certificate Pool Factor with respect to the Administrator Certificates, in respect of the preceding Collection Period;
(ix) the amount of the aggregate Realized Losses, if any, for such Collection Period;
(x) the aggregate Purchase Amounts for Receivables, if any, that were repurchased or purchased in such Collection Period;
(xi) the balance of the Spread Account on the related Payment Date, each case after giving effect to changes therein all payments in respect of principal on such Payment Distribution Date;
(xii) [Reserved];
(xiii) [Reserved];
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xx) the Specified Spread Account Balance. The Indenture Trustee will make the statement to Noteholders available each month to Noteholders and other parties to the Basic Documents via the Indenture Trustee’s internet website, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access thereto.
Appears in 1 contract
Samples: Sale and Servicing Agreement
Statements to Certificateholders and Noteholders. (a) On each Determination Date Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies), ) for the Indenture Trustee to make available forward to each Noteholder of record, andto each Paying Agent, if NH Credit or an Affiliate is not the Servicer or the Depositor is not the sole Certificateholderany, and to the Indenture Owner Trustee (if the Indenture Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement) or the Trustee (if the Trustee is responsible on the related Payment Date to make the payment required under Section 5.2(a) of the Trust Agreement), for the Indenture Owner Trustee or Trustee, as applicable, to forward to each Certificateholder of record, a statement substantially in the form of Exhibit CA, setting forth at least the following information as to each Class of the Notes and the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of each Class the Notes and to the Certificate Balance of Notesthe Certificates;
(ii) the amount of the such distribution allocable to interest on each Class of Notesor with respect to the Notes and to the Certificates;
(iii) the amount to be distributed to the Certificateholders;
(iv) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(v) the aggregate Outstanding Amount and the Note Pool Factor for each Class of Notes as of such Payment Date, after giving effect to payments allocated to principal reported under clause (i) above;
(viiv) [Reserved]the aggregate outstanding principal balance of the Notes, the Note Pool Factor for the Notes, the Certificate Balance and the Certificate Pool Factor after giving effect to payments allocated to principal reported under (i) above;
(viiv) the amount of the Total Servicing Fee paid to the Servicer with respect to the preceding related Collection Period;
(viii) the amount of the Administration Fee paid to the Administrator in respect of the preceding Collection Period;
(ixvi) the amount of the aggregate Realized Losses, net of Recoveries, if any, for such Collection Period;
(xvii) the aggregate Purchase Amounts for ReceivablesReserve Account Transfer Amount, if any, that were repurchased or purchased in for such Distribution Date, the average of the Charge-off Rates and the Delinquency Percentages for the three preceding Collection Period;
(xi) 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 the Spread Reserve Account (if any) on the related Payment such Distribution Date, after giving effect to changes therein on such Payment Distribution Date;
(xiiviii) [Reserved]the Noteholders' Interest Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, and the Certificateholders' Principal Carryover Shortfall;
(xiiiix) [Reserved];the aggregate Purchase Amount paid by the Sponsor, the Seller (or the related Originator) or the Servicer with respect to the related Collection Period; and
(xiv) [Reserved];
(xv) [Reserved];
(xvi) [Reserved];
(xvii) [Reserved];
(xviii) [Reserved];
(xix) [Reserved];
(xxx) the Specified Spread Account aggregate Payahead Balance. The Indenture Trustee will make Each amount set forth pursuant to paragraph (i), (ii), (v) or (viii) above shall be expressed as a dollar amount per $1,000 of the statement to Noteholders available each month to Noteholders and other parties to initial principal balance of the Basic Documents via Notes or the Indenture Trustee’s internet websiteinitial Certificate Balance, which is presently located at xxxx://xx.xxxxxxxxxx.xxx. Persons who are unable to use the above website are entitled to have a paper copy mailed to them via first class mail by calling the Indenture Trustee at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statement to Noteholders is distributed in order to make such distribution more convenient and/or more accessible to the above parties and to the Noteholders. The Indenture Trustee shall provide timely and adequate notification to all above parties and to the Noteholders regarding any such change. In connection with any electronic transmissions of information, including without limitation, the use of electronic mail or internet or intranet web sites, the systems used in such transmissions are not fully tested by the Indenture Trustee and may not be completely reliable as to stability, robustness and accuracy. Accordingly, the parties hereto acknowledge and agree that information electronically transmitted as described herein may not be relied upon as timely, accurate or complete and that the Indenture Trustee shall have no liability hereunder in connection with such information transmitted electronically. The parties hereto further acknowledge that any and all systems, software or hardware utilized in posting or retrieving any such information are utilized on an “as is” basis without representation or warranty as to the intended uses of such systems, software or hardware. The Indenture Trustee makes no representation or warranty that the systems and the related software used in connection with the electronic transmission of information are free and clear of threats known as software and hardware viruses, time bombs, logic bombs, Trojan horses, worms, or other malicious computer instructions, intentional devices or techniques which may cause a component or system to become erased, damaged, inoperable, or otherwise incapable of being used in the manner to which it is intended, or which would permit unauthorized access theretoapplicable.
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Samples: Sale and Servicing Agreement (Oxford Resources Corp)