Statements to Certificateholders; Tax Returns. (a) With each distribution from the Certificate Account to the Certificateholders made on a Distribution Date, the Servicer shall provide to the Certificate Insurer and to the Trustee for the Trustee to forward to each Certificateholder of record a statement (prepared by the Servicer) substantially in the form of Exhibit D hereto setting forth at least the following information as to the Certificates to the extent applicable: (i) the amount of such distribution allocable to principal of the Class A Certificates and the Class B Certificates, respectively, in accordance with Section 4.6; (ii) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, in accordance with Section 4.6; (iii) the amount of such distribution allocable to principal of the Class A Certificates and the Class B Certificates, respectively, for federal income tax purposes as provided in Section 4.13; (iv) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, for federal income tax purposes as provided in Section 4.13; (v) the Pool Balance, the Class A Pool Factor and the Class B Pool Factor as of the close of business on the last day of the preceding Collection Period; (vi) the Class A Certificate Balance and the Class B Certificate Balance as of the close of business on the last day of the preceding Collection Period, after giving effect to payments allocated to principal reported under (i) above; (vii) the amount of the Servicing Fee (inclusive of the Standby Fee paid to the Standby Servicer) paid to the Servicer with respect to the related Collection Period, the Class A Percentage of the Servicing Fee (inclusive of the Standby Fee), the Class B Percentage of the Servicing Fee (inclusive of the Standby Fee) and the amount of any unpaid Servicing Fees (inclusive of the Standby Fee) and the change in such amount from that of the prior Distribution Date; (viii) the amount of the Class A Interest Carryover Shortfall, if applicable, on such Distribution Date and the Class A Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date; (ix) the amount of the Class B Interest Carryover Shortfall, if applicable, on such Distribution Date and the amount of the Class B Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date; (x) the amount paid, if any, to Class A Certificateholders from funds received under the Policy for such Distribution Date; (xi) the amount distributable to the Certificate Insurer on such Distribution Date; (xii) the aggregate amount in the Payahead Account and the Spread Account and the change in such amount from the preceding Distribution Date; (xiii) the number of Receivables and the aggregate gross amount scheduled to be paid thereon, including unearned finance and other charges, for which the related Obligors are delinquent in making scheduled payments between 31 and 59 days and 60 days or more; (xiv) the number and the aggregate Purchase Amount of Receivables that became Purchased Receivables during the related Collection Period and summary information as to losses and delinquencies with respect to the Receivables; and (xv) the cumulative amount of Liquidated Receivables, net of Recoveries, since the Cutoff Date to the last day of the related Collection Period. Each amount set forth pursuant to subclauses (i), (ii), (vii), (viii) and (ix) above shall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate. (b) Within thirty days after the end of each calendar year, the Trustee shall, provided it has received the necessary information from the Servicer, furnish to each Person who at any time during such calendar year was a Certificateholder of record and received any payment thereon (a) a report (prepared by the Servicer) as to the aggregate of amounts reported pursuant to (i), (ii), (iii), (iv) and (vii) of this Section 4.8 for such calendar year or applicable portion thereof during which such Person was a Certificateholder, and (b) such information as may be reasonably requested by the Certificateholders or required by the Code and regulations thereunder, to enable such Holders to prepare their Federal and State income tax returns. The obligation of the Trustee set forth in this paragraph shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code. (c) The Servicer, at its own expense, shall cause a firm of nationally recognized accountants to prepare any tax returns required to be filed by the Trust, and the Trustee shall execute and file such returns if requested to do so by the Servicer. The Trustee upon request, will furnish the Servicer with all such information known to the Trustee as may be reasonably required in connection with the preparation of all tax returns of the Trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Consumer Portfolio Services Inc)
Statements to Certificateholders; Tax Returns. (a) With On each distribution from the Certificate Account to the Certificateholders made on a Distribution Date, the Servicer Trustee shall provide to the Certificate Insurer and to the Trustee for the Trustee to forward include with each distribution to each Certificateholder of record and shall forward by mail to the Rating Agency, a statement (prepared by based solely on the Servicer) substantially information in the form of Exhibit D hereto Servicing Certificate delivered on the related Determination Date pursuant to Section 3.9, setting forth at least the following information as information, among other things, with respect to the Certificates Collection Period relating to the extent applicablesuch Distribution Date:
(i) the amount of such distribution allocable to principal of the Class A Certificates, the Class B Certificates and the Class B C Certificates, respectively, in accordance with Section 4.6;
(ii) the amount of such distribution allocable to interest on the Class A Certificates, the Class B Certificates and the Class B C Certificates, respectively, in accordance with Section 4.6;
(iii) the amount of such distribution allocable to principal of the Class A Certificates and the Class B Certificates, respectively, for federal income tax purposes as provided in Section 4.13;
(iv) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, for federal income tax purposes as provided in Section 4.13;
(v) the Pool Balance, the Class A Pool Factor and Factor, the Class B Pool Factor, and the Class C Pool Factor (A) as of the close of business on the last day of the preceding Collection PeriodPeriod and (B) after giving effect to distributions made on such Distribution Date;
(viiv) the Class A Certificate Balance Balance, the Class B Certificate Balance, and the Class B C Certificate Balance as of the close of business on the last day of the preceding Collection Period, after giving effect to payments distributions allocated to principal reported under (i) above;
(viiv) the amount of the Servicing Fee, the Additional Servicing Fee (inclusive of and the Standby Fee paid to the Standby Servicer) Servicer Expenses paid to the Servicer with respect to the related Collection PeriodPeriod and the Class A Percentage, the Class A B Percentage, and the Class C Percentage of the Servicing Fee (inclusive of the Standby Fee), the Class B Percentage of the Servicing Fee (inclusive of the Standby Fee) and the amount of any unpaid Servicing Fees (inclusive of the Standby Fee) and the change in such amount from that of the prior Distribution Date, and the amount of any other fees paid by the Trust with respect to such Collection Period;
(viiivi) the amount of the Class A Interest Carryover Shortfall, if applicable, on such Distribution Date and the Class A Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(ixvii) the amount of the Class B Interest Carryover Shortfall, if applicable, on such Distribution Date and the amount of the Class B Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(xviii) the amount paidof the Class C Interest Carryover Shortfall, if anyapplicable, to on such Distribution Date and the amount of the Class A Certificateholders C Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from funds received under the Policy for such prior Distribution Date;
(xi) the amount distributable to the Certificate Insurer on such Distribution Date;
(xiiix) the aggregate amount in the Payahead Account and the Spread Reserve Account and the change in such amount from the preceding Distribution Date;
(xiiix) the number of Receivables and the aggregate gross amount scheduled to be paid thereon, including unearned finance and other chargesPrincipal Balance due thereof, for which the related Obligors are delinquent in making scheduled payments (A) between 31 and 59 60 days, (B) between 61 and 90 days, (C) between 91 and 120 days and 60 days or more(D) more than 120 days;
(xivxi) the number of Receivables which became Liquidated Receivables, and the aggregate principal amount thereof net of Recoveries;
(xii) the number of Receivables which became Defaulted Receivables, and the aggregate principal amount thereof;
(xiii) the number and the aggregate Purchase Amount of Receivables that became Purchased Receivables during the related Collection Period and summary information as the number and aggregate Purchase Amount of Receivables that were required to losses be repurchased during the related Collection Period but were not so repurchased;
(xiv) the number and delinquencies aggregate Principal Balance of Receivables with respect to which, to the Receivables; andknowledge of the Servicer, Obligors became the subject of bankruptcy proceedings during such Collection Period (or during a prior Collection Period, if the Servicer first became aware of such proceedings during the current Collection Period);
(xv) the cumulative Seller's Retained Yield for such Distribution Date and the portion thereof (A) distributed to the Seller and (B) deposited in the Reserve Account;
(xvi) the Cumulative Default Ratio;
(xvii) the Delinquency Ratio;
(xviii) the Repossession Inventory Ratio;
(xix) the amount of Liquidated Receivablesany Deficiency Claim Amounts deposited in the Collection Account from the Reserve Account;
(xx) whether a Reserve Fund Trigger Event, net of RecoveriesServicer Termination Trigger Event or Servicer Termination Event has occurred; and
(xxi) the Collector to Current Receivable Ratio and the Collector to Delinquent Receivable Ratio; provided, since however, the Cutoff Date to the last day Trustee may deliver a copy of the related Collection PeriodServicing Certificate to each Certificateholder and the Rating Agency in satisfaction of the requirements set forth in this Section if such Servicing Certificate otherwise contains the information required to be distributed to each Certificateholder in accordance herewith. Each amount set forth pursuant to subclauses (i), (ii), (viiiv), (viiiv), (vi), (vii) and (ixviii) above shall be expressed in the aggregate and as a dollar amount per $1,000 of original principal balance of a CertificateCertificate of the related Class.
(b) Within thirty days the prescribed period of time for tax reporting purposes after the end of each calendar yearyear during the term of this Agreement, the Trustee shallshall mail, provided it has received the necessary information from the Servicer, furnish to each Person who at any time during such calendar year was shall have been a Certificateholder Holder of record a Certificate and received any payment thereon (a) thereon, a report (prepared by the Servicer) as to the aggregate of amounts reported pursuant to clauses (i), (ii), (iii), (iv) and (viiv) of this Section 4.8 4.8(a) (separately indicating amounts in respect of each Class of Certificates) and such other information reasonably requested in writing by the Certificateholder necessary to permit the Certificateholder to ascertain its share of the gross income and deductions of the Trust (exclusive of the Additional Servicing Fee), for such calendar year or or, in the event such Person shall be a Holder of a Certificate during a portion of such calendar year for the applicable portion thereof during which of such Person was a year, for the purposes of such Certificateholder, 's preparation of federal and (b) state income tax returns. The Trustee shall furnish such information as may be reasonably requested by statements to the Certificateholders or required Internal Revenue Service annexed to Form 1041 in the manner and at the time provided by the Code and regulations applicable Regulations thereunder, to enable such Holders to prepare their Federal and State income tax returns. The obligation of the Trustee set forth in this paragraph shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code.
(c) The Servicer, at its own expense, Trustee shall cause a firm of nationally recognized accountants to prepare and file any tax returns required to be filed by the Trust, and the Trustee shall execute and file such returns if requested to do so by the Servicer. The Trustee upon request, Servicer will furnish the Servicer Trustee with all such information known to the Trustee it as may be reasonably required in connection with the preparation of all tax returns of the Trust. The fees and expenses incurred in connection with the preparation and filing of all tax returns of the Trust shall be paid for by the Trustee out of the Trustee Fee.
(d) The Trustee shall provide any Holder of Certificates representing at least 25% of the Certificate Balance, with such additional information available to the Trustee relating to the Certificates, the Trust Property or the Reserve Account as such Holder may reasonably request from time to time. Such additional information (to the extent provided to the Trustee by the Servicer) shall also be available to any Certificateholder from the Trustee upon reasonable request and upon payment of the Trustee's and the Servicer's reasonable fees and expenses in connection with providing and preparing such information. Any Certificateholder desiring such additional information shall have delivered to the Trustee an executed Information Request.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Triad Financial Corp)
Statements to Certificateholders; Tax Returns. (a) With each distribution from the Certificate Account to the Certificateholders made on a Distribution Date, the Servicer shall provide to the Certificate Insurer [Credit Enhancer] and to the Trustee for the Trustee to forward to each Certificateholder of record a statement (prepared by the Servicer) substantially in the form of Exhibit D hereto setting forth at least the following information as to the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of the Class A Certificates and the Class B Certificates, respectively, in accordance with Section 4.6;
(ii) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, in accordance with Section 4.6;
(iii) the amount of such distribution allocable to principal of the Class A Certificates and the Class B Certificates, respectively, for federal income tax purposes as provided in Section 4.13;
(iv) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, for federal income tax purposes as provided in Section 4.13;
(v) the Pool Balance, the Class A Pool Factor and the Class B Pool Factor as of the close of business on the last day of the preceding Collection Period;
(viiv) the Class A Certificate Balance and the Class B Certificate Balance as of the close of business on the last day of the preceding Collection Period, after giving effect to payments allocated to principal reported under (i) above;
(viiv) the amount of the Servicing Fee (inclusive of the [Standby Fee Fee] paid to [the Standby Servicer]) paid to the Servicer with respect to the related Collection Period, the Class A Percentage of the Servicing Fee (inclusive of the [Standby Fee]), the Class B Percentage of the Servicing Fee (inclusive of the [Standby Fee]) and the amount of any unpaid Servicing Fees (inclusive of the [Standby Fee]) and the change in such amount from that of the prior Distribution Date;
(viiivi) the amount of the Class A Interest Carryover Shortfall, if applicable, on such Distribution Date and the Class A Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(ixvii) the amount of the Class B Interest Carryover Shortfall, if applicable, on such Distribution Date and the amount of the Class B Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(xviii) the amount paid, if any, to Class A Certificateholders from funds received under [the Policy Credit Enhancement] for such Distribution Date;
(xiix) the amount distributable to the Certificate Insurer [Credit Enhancer] on such Distribution Date;
(xiix) the aggregate amount in each of the Payahead Account Account, the [Spread Account] and [the Spread Account Reserve Fund] and the change in each such amount from the preceding Distribution Date;
(xiiixi) the number of Receivables and the aggregate gross amount scheduled to be paid thereon, including unearned finance and other charges, for which the related Obligors are delinquent in making scheduled payments between [31 and 59 days and 60 60] days or more;
(xivxii) the number and the aggregate Purchase Amount of Receivables that became Purchased Receivables during the related Collection Period and summary information as to losses and delinquencies with respect to the Receivables; and
(xvxiii) the cumulative amount of Liquidated ReceivablesReceivables net, net of Recoveries, since the Cutoff Date to the last day of the related Collection Period. Each amount set forth pursuant to subclauses (i), (ii), (vii), (viiiv) and (ixvi) above shall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate.
(b) Within thirty days after the end of each calendar year, the Trustee shall, provided it has received the necessary information from the Servicer, furnish to each Person who at any time during such calendar year was a Certificateholder of record and received any payment thereon (a) a report (prepared by the Servicer) as to the aggregate of amounts reported pursuant to (i), (ii), (iii), (iv) and (viiv) of this Section 4.8 for such calendar year or applicable portion thereof during which such Person person was a Certificateholder, and (b) such information as may be reasonably requested by the Certificateholders or required by the Code and regulations thereunder, to enable such Holders to prepare their Federal and State income tax returns. The obligation of the Trustee set forth in this paragraph shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code.
(c) The Servicer, at its own expense, shall cause a firm of nationally recognized accountants to prepare any tax returns required to be filed by the Trust, and the Trustee shall execute and file such returns if requested to do so by the Servicer. The Trustee upon request, will furnish the Servicer with all such information known to the Trustee as may be reasonably required in connection with the preparation of all tax returns of the Trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Consumer Portfolio Services Inc)
Statements to Certificateholders; Tax Returns. (a) With each distribution from the Certificate Account to the Certificateholders made on a Distribution Date, the Servicer shall provide to [the Certificate Insurer Insurer], the Depositor, and to the Trustee Trustee, with a copy to each Rating Agency, for the Trustee to forward to each Certificateholder of record a statement (prepared by the Servicer) substantially in the form of Exhibit D E-1 hereto setting forth at least the following information as to the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of the Class A Certificates and the Class B Certificates, respectively, in accordance with Section 4.6;
(ii) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, in accordance with Section 4.6;
(iii) the amount number of such distribution allocable to principal Receivables, the weighted average APR of the Class A Certificates and Receivables, the Class B Certificatesweighted average maturity of the Receivables, respectively, for federal income tax purposes as provided in Section 4.13;
(iv) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, for federal income tax purposes as provided in Section 4.13;
(v) the Pool Balance, the Class A Pool Factor weighted average Monthly Dealer Participation Fee and the Class B A Pool Factor as of the close of business on the last day of the preceding Collection Period;
(viiv) the Class A Certificate Balance and the Class B Certificate Balance as of the close of business on the last day of the preceding Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(viiv) the amount of the Monthly Dealer Participation Fee Distributable Amount paid to LBAC, the amount of the Servicing Fee (inclusive paid to the Servicer and the amount of the Standby Back-up Servicer Fee paid to the Standby Servicer) paid to the Back-up Servicer with respect to the related Collection Period, the Class A Percentage sum of the Servicing Fee (inclusive of and the Standby Back-up Servicer Fee), the Class B Percentage of the Servicing Fee (inclusive of the Standby Fee) and the amount of any unpaid Servicing Fees (inclusive of the Standby Fee) and any unpaid Back-up Servicer Fees and the change in such amount amounts from that of the prior Distribution Date;
(viiivi) the amount of the Class A Interest Carryover Shortfall, if applicable, on such Distribution Date and the Class A Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(ixvii) the amount of the Class B Interest Carryover Shortfall, if applicable, on such Distribution Date and the amount of the Class B Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(x) [the amount paid, if any, to Class A Certificateholders from funds received under the Policy for such Distribution Date;]
(xiviii) [the amount distributable to the Certificate Insurer on such Distribution Date;]
(xiiix) the aggregate amount in each of the Payahead Account [and the Spread Account Account] and the change in each such amount from the preceding Distribution Date;
(xiiix) the number of Receivables and the aggregate gross outstanding principal amount scheduled to be paid thereon, including unearned finance and other charges, for which the related Obligors are delinquent in making scheduled payments Scheduled Payments between 31 30 and 59 consecutive days, 60 and 89 consecutive days, 90 and 119 consecutive days and 60 120 consecutive days or moremore (in each case calculated on the basis of a 360-day year of twelve 30-day months), as of the last day of the related Collection Period, and the percentage of the aggregate principal amount which such delinquencies represent;
(xivxi) the number and the aggregate Purchase Amount of Receivables that became Purchased Receivables during the related Collection Period and summary information as to losses and delinquencies with respect to the Receivables; and;
(xvxii) the cumulative number and amount of Liquidated Receivables, net the cumulative amount of any Liquidation Proceeds and Recoveries, since the [Initial] Cutoff Date to the last day of the related Collection Period, the number and amount of Liquidated Receivables for the related Collection Period and the amount of Recoveries in the related Collection Period;
(xiii) [the Average Delinquency Ratio, the Cumulative Default Rate and the Cumulative Loss Rate (as such terms are defined in the Spread Account Agreement) for such Distribution Date;]
(xiv) [whether any Trigger Event has occurred as of such Determination Date;]
(xv) [whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured (as such term is defined in the Spread Account Agreement) or otherwise waived as of such Determination Date;]
(xvi) [whether an Insurance Agreement Event of Default has occurred;]
(xvii) the number and amount of Cram Down Losses, the number and dollar amount of repossessions, the aging of repossession inventory with respect to Liquidated Receivables, the aging and repossession inventory with respect to Receivables which are not Liquidated Receivables and the dollar amount of Recoveries;
(xviii) [for Distribution Dates during the Funding Period and the Distribution Date immediately succeeding the Final Funding Period Distribution Date, the amount withdrawn from the Pre-Funding Account to purchase Subsequent Receivables during the related Collection Period and the remaining Pre-Funded Amount on deposit in the Pre-Funding Account];
(xix) [for Distribution Dates during the Funding Period and the Distribution Date immediately succeeding the Final Funding Period Distribution Date, the Negative Carry Amount in respect of the related Collection Period withdrawn from the Capitalized Interest Account and the amount remaining on deposit in the Capitalized Interest Account; and]
(xx) [for the first Distribution Date that is on or immediately following the end of the Funding Period, the amount of the Pre-Funded Amount (if any) that has not been used to purchase Subsequent Receivables and is being distributed as a payment of principal to Offered Certificateholders]. Each amount set forth pursuant to subclauses (i), (ii), (vii), (viii) and (ixv) above shall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate.
(b) Within thirty days after the end No later than January 31 of each calendar year, commencing January 31, 20__, the Servicer shall send to the Trustee, and the Trustee shall, provided it has received the necessary information from the Servicer, promptly thereafter furnish to each Person who at any time during such the preceding calendar year was a Certificateholder of record and received any payment thereon (a) a report (prepared by the Servicer) as to the aggregate of amounts reported pursuant to subclauses (i), (ii), (iii), (iv) and (viiv) of this Section 4.8 4.8(a) for such preceding calendar year or applicable portion thereof during which such Person person was a Certificateholder, and (b) such information as may be reasonably requested by the Certificateholders or required by the Internal Revenue Code and regulations thereunder, to enable such Holders to prepare their Federal and State income tax returns. The obligation of the Trustee set forth in this paragraph shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code.
(c) The Servicer, at its own expense, shall cause a firm of nationally recognized accountants to prepare any tax returns required to be filed by the Trust, and the Trustee shall execute and file such returns if requested to do so by the Servicer. The Trustee Trustee, upon request, will furnish the Servicer with all such information known to the Trustee as may be reasonably required requested by the Servicer in connection with the preparation of all tax returns of the Trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Acceptance Corp)
Statements to Certificateholders; Tax Returns. (a) With each distribution from the Certificate Account to the Certificateholders made on a Distribution Date, the Servicer shall provide to the Certificate Insurer Insurer, the Depositor, and to the Trustee Trustee, with a copy to each Rating Agency, for the Trustee to forward to each Certificateholder of record a statement (prepared by the Servicer) substantially in the form of Exhibit D E hereto setting forth at least the following information as to the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of the Class A Certificates and the Class B Certificates, respectively, in accordance with Section 4.6;
(ii) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, in accordance with Section 4.6;
(iii) the amount number of such distribution allocable to principal Receivables, the weighted average APR of the Class A Certificates and Receivables, the Class B Certificatesweighted average maturity of the Receivables, respectively, for federal income tax purposes as provided in Section 4.13;
(iv) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, for federal income tax purposes as provided in Section 4.13;
(v) the Pool Balance, the weighted average Monthly Dealer Participation Fee, the Class A Pool Factor and the Class B Pool Factor as of the close of business on the last day of the preceding Collection Period;
(viiv) the Class A Certificate Balance and the Class B Certificate Balance as of the close of business on the last day of the preceding Collection Period, after giving effect to payments allocated to principal reported under clause (i) above;
(viiv) the amount of the Monthly Dealer Participation Fee Distributable Amount paid to LBAC, the amount of the Servicing Fee (inclusive paid to the Servicer and the amount of the Standby Back-up Servicer Fee paid to the Standby Servicer) paid to the Back-up Servicer with respect to the related Collection Period, the Class A Percentage of the sum of the Servicing Fee (inclusive of and the Standby Back-up Servicer Fee), the Class B Percentage of the 69 sum of the Servicing Fee (inclusive of and the Standby Back-up Servicer Fee) and , the amount of any unpaid Servicing Fees (inclusive of the Standby Fee) and any unpaid Back-up Servicer Fees and the change in such amount amounts from that of the prior Distribution Date;
(vi) The amount of the Class B Additional Interest Carryover Shortfall, if applicable, on such Distribution Date and the Class B Undistributed Principal Amount, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(vii) the Class B Additional Interest Distributable Amount;
(viii) the amount of the Class A Interest Carryover Shortfall, if applicable, on such Distribution Date and the Class A Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(ix) the amount of the Class B Interest Carryover Shortfall, if applicable, on such Distribution Date, the Class B Additional Interest Carryover Shortfall, if applicable, on such Distribution Date and the amount of the Class B Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(x) the amount paid, if any, to Class A Certificateholders from funds received under the Policy for such Distribution Date;
(xi) the amount distributable to the Certificate Insurer on such Distribution Date;
(xii) the aggregate amount in each of the Payahead Account, the Spread Account (separately identifying amounts on deposit in the Class B Sub-account and the Spread Excess Cash Flow Sub-account) and the Class B Reserve Account and the change in each such amount from the preceding Distribution Date;
(xiii) the number of Receivables and the aggregate gross outstanding principal amount scheduled to be paid thereon, including unearned finance and other charges, for which the related Obligors are delinquent in making scheduled payments Scheduled Payments between 31 30 and 59 consecutive days, 60 and 89 consecutive days, 90 and 119 consecutive days and 60 120 consecutive days or moremore (in each case calculated on the basis of a 360-day year of twelve 30-day months), as of the last day of the related Collection Period, and the percentage of the aggregate principal amount which such delinquencies represent;
(xiv) the number and the aggregate Purchase Amount of Receivables that became Purchased Receivables during the related Collection Period and summary information as to losses and delinquencies with respect to the Receivables; and70
(xv) the cumulative number and amount of Liquidated Receivables, net the cumulative amount of any Liquidation Proceeds and Recoveries, since the Initial Cutoff Date to the last day of the related Collection Period, the number and amount of Liquidated Receivables for the related Collection Period and the amount of Recoveries in the related Collection Period;
(xvi) the Delinquency Ratio, the Cumulative Default Rate, the Cumulative Loss Rate and the Lockbox Percentage (as such terms are defined in the Spread Account Agreement) for such Distribution Date;
(xvii) whether any Trigger Event has occurred as of such Determination Date;
(xviii) whether any Trigger Event that may have occurred as of a prior Determination Date is Deemed Cured (as such term is defined in the Spread Account Agreement) or otherwise waived as of such Determination Date;
(xix) whether an Insurance Agreement Event of Default has occurred;
(xx) the number and amount of Cram Down Losses, the number and dollar amount of repossessions, the aging of repossession inventory with respect to Liquidated Receivables, the aging and repossession inventory with respect to Receivables which are not Liquidated Receivables and the dollar amount of Recoveries;
(xxi) for Distribution Dates during the Funding Period and the Distribution Date immediately succeeding the Final Funding Period Distribution Date, the amount withdrawn from the Pre-Funding Account to purchase Subsequent Receivables during the related Collection Period and the remaining Pre-Funded Amount on deposit in the Pre-Funding Account;
(xxii) for Distribution Dates during the Funding Period and the Distribution Date immediately succeeding the Final Funding Period Distribution Date, the Negative Carry Amount in respect of the related Collection Period withdrawn from the Capitalized Interest Account and the amount remaining on deposit in the Capitalized Interest Account; and
(xxiii) for the first Distribution Date that is on or immediately following the end of the Funding Period, the amount of the Pre-Funded Amount (if any) that has not been used to purchase Subsequent Receivables and is being distributed as a payment of principal to Offered Certificateholders. Each amount set forth pursuant to subclauses (i), (ii), (viiv), (viiivi) and (ixvii) above shall be expressed as a dollar amount per $$ 1,000 of original principal balance of a Certificate.
(b) Within thirty days after the end No later than January 31 of each calendar year, commencing January 31, 1999, the Servicer shall send to the Trustee, and the Trustee shall, provided it has received the necessary information from the Servicer, furnish promptly thereafter finish to each Person who at any time during such the preceding calendar year was a Certificateholder of record and received any payment thereon (a) a report (prepared by the Servicer) as to the aggregate of amounts reported pursuant to subclauses (i), (ii), (iii), (iv) and (viiv) of this Section 4.8 4.8(a) for such preceding calendar year or applicable portion thereof during which such Person person was a Certificateholder, and (b) such information as may be reasonably requested by the Certificateholders or required by the Internal Revenue Code and regulations thereunder, to enable such Holders to prepare their Federal and State income tax returns. The obligation of the Trustee set forth in this paragraph shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code.
(c) The Servicer, at its own expense, shall cause a firm of nationally recognized accountants to prepare any tax returns required to be filed by the Trust, including the partnership returns for interests held by the Class B Certificateholders and the Excess Cash Flow Certificateholder in the entity that owns the Spread Account (including any sub-account therein) and the Class B Reserve Account, and the Trustee shall execute and file such returns if requested to do so by the Servicer. The Trustee Trustee, upon request, will furnish the Servicer with all such information known to the Trustee as may be reasonably required requested by the Servicer in connection with the preparation of all tax returns of the Trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Long Beach Holdings Corp)
Statements to Certificateholders; Tax Returns. (a) With each distribution from the Certificate Account to the Certificateholders made on a Distribution Date, the Servicer shall provide to the Certificate Insurer Insurer, the Depositor, and to the Trustee for the Trustee to forward to each Certificateholder of record a statement (prepared by the Servicer) substantially in the form of Exhibit D hereto setting forth at least the following information as to the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of the Class A Certificates and the Class B Certificates, respectively, in accordance with Section 4.6;
(ii) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, in accordance with Section 4.6;
(iii) the amount of such distribution allocable to principal of the Class A Certificates and the Class B Certificates, respectively, for federal income tax purposes as provided in Section 4.13;
(iv) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, for federal income tax purposes as provided in Section 4.13;
(v) the Pool Balance, the Class A Pool Factor and the Class B Pool Factor as of the close of business on the last day of the preceding Collection Period;
(viiv) the Class A Certificate Balance and the Class B Certificate Balance as of the close of business on the last day of the preceding Collection Period, after giving effect to payments allocated to principal reported under (i) above;
(viiv) the amount of the Servicing Fee (inclusive of the Standby Fee paid to the Standby Servicer) paid to the Servicer with respect to the related Collection Period, the Class A Percentage of the Servicing Fee (inclusive of the Standby Fee), the Class B Percentage of the Servicing Fee (inclusive of the Standby Fee) and the amount of any unpaid Servicing Fees (inclusive of the Standby Fee) and the change in such amount from that of the prior Distribution Date;
(viiivi) the amount of the Class A Interest Carryover Shortfall, if applicable, on such Distribution Date and the Class A Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(ixvii) the amount of the Class B Interest Carryover Shortfall, if applicable, on such Distribution Date and the amount of the Class B Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(xviii) the amount paid, if any, to Class A Certificateholders from funds received under the Policy for such Distribution Date;
(xiix) the amount distributable to the Certificate Insurer on such Distribution Date;
(xiix) the aggregate amount in each of the Payahead Account and the Spread Account and the change in each such amount from the preceding Distribution Date;
(xiiixi) the number of Receivables and the aggregate gross amount scheduled to be paid thereon, including unearned finance and other charges, for which the related Obligors are delinquent in making scheduled payments between 31 and 59 days and 60 days or more;
(xivxii) the number and the aggregate Purchase Amount of Receivables that became Purchased Receivables during the related Collection Period and summary information as to losses and delinquencies with respect to the Receivables; and
(xvxiii) the cumulative amount of Liquidated Receivables, net of Recoveries, since the Cutoff Date to the last day of the related Collection Period. Each amount set forth pursuant to subclauses (i), (ii), (viiv), (viii) and (ix) above shall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate.
(b) Within thirty days after the end of each calendar year, the Trustee shall, provided it has received the necessary information from the Servicer, furnish to each Person who at any time during such calendar year was a Certificateholder of record and received any payment thereon (a) a report (prepared by the Servicer) as to the aggregate of amounts reported pursuant to (i), (ii), (iii), (iv) and (viiv) of this Section 4.8 for such calendar year or applicable portion thereof during which such Person person was a Certificateholder, and (b) such information as may be reasonably requested by the Certificateholders or required by the Internal Revenue Code and regulations thereunder, to enable such Holders to prepare their Federal and State income tax returns. The obligation of the Trustee set forth in this paragraph shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code.
(c) The Servicer, at its own expense, shall cause a firm of nationally recognized accountants to prepare any tax returns required to be filed by the Trust, and the Trustee shall execute and file such returns if requested to do so by the Servicer. The Trustee Trustee, upon request, will furnish the Servicer with all such information known to the Trustee as may be reasonably required in connection with the preparation of all tax returns of the Trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Financial Asset Securities Corp)
Statements to Certificateholders; Tax Returns. (a) With each distribution from the Certificate Account to the Certificateholders made on a Distribution Date, the Servicer shall provide to the Certificate Insurer [Credit Enhancer] and to the Trustee for the Trustee to forward to each Certificateholder of record a statement (prepared by the Servicer) substantially in the form of Exhibit D hereto setting forth at least the following information as to the Certificates to the extent applicable:
(i) the amount of such distribution allocable to principal of the Class A Certificates and the Class B Certificates, respectively, in accordance with Section 4.6;
(ii) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, in accordance with Section 4.6;
(iii) the amount of such distribution allocable to principal of the Class A Certificates and the Class B Certificates, respectively, for federal income tax purposes as provided in Section 4.13;
(iv) the amount of such distribution allocable to interest on the Class A Certificates and the Class B Certificates, respectively, for federal income tax purposes as provided in Section 4.13;
(v) the Pool Balance, the Class A Pool Factor and the Class B Pool Factor as of the close of business on the last day of the preceding Collection Period;
(viiv) the Class A Certificate Balance and the Class B Certificate Balance as of the close of business on the last day of the preceding Collection Period, after giving effect to payments allocated to principal reported under (i) above;
(viiv) the amount of the Servicing Fee (inclusive of the [Standby Fee Fee] paid to [the Standby Servicer]) paid to the Servicer with respect to the related Collection Period, the Class A Percentage of the Servicing Fee (inclusive of the [Standby Fee]), the Class B Percentage of the Servicing Fee (inclusive of the [Standby Fee]) and the amount of any unpaid Servicing Fees (inclusive of the [Standby Fee]) and the change in such amount from that of the prior Distribution Date;
(viiivi) the amount of the Class A Interest Carryover Shortfall, if applicable, on such Distribution Date and the Class A Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(ixvii) the amount of the Class B Interest Carryover Shortfall, if applicable, on such Distribution Date and the amount of the Class B Principal Carryover Shortfall, if applicable, on such Distribution Date, and the change in such amounts from the prior Distribution Date;
(xviii) the amount paid, if any, to Class A Certificateholders from funds received under [the Policy Credit Enhancement] for such Distribution Date;
(xiix) the amount distributable to the Certificate Insurer [Credit Enhancer] on such Distribution Date;
(xiix) the aggregate amount in the Payahead Account Account, the [Spread Account] and [the Spread Account Reserve Fund] and the change in such amount from the preceding Distribution Date;
(xiiixi) the number of Receivables and the aggregate gross amount scheduled to be paid thereon, including unearned finance and other charges, for which the related Obligors are delinquent in making scheduled payments between [31 and 59 days and 60 60] days or more;
(xivxii) the number and the aggregate Purchase Amount of Receivables that became Purchased Receivables during the related Collection Period and summary information as to losses and delinquencies with respect to the Receivables; and
(xvxiii) the cumulative amount of Liquidated ReceivablesReceivables net, net of Recoveries, since the Cutoff Date to the last day of the related Collection Period. Each amount set forth pursuant to subclauses (i), (ii), (vii), (viiiv) and (ixvi) above shall be expressed as a dollar amount per $1,000 of original principal balance of a Certificate.
(b) Within thirty days after the end of each calendar year, the Trustee shall, provided it has received the necessary information from the Servicer, furnish to each Person who at any time during such calendar year was a Certificateholder of record and received any payment thereon (a) a report (prepared by the Servicer) as to the aggregate of amounts reported pursuant to (i), (ii), (iii), (iv) and (viiv) of this Section 4.8 for such calendar year or applicable portion thereof during which such Person person was a Certificateholder, and (b) such information as may be reasonably requested by the Certificateholders or required by the Internal Revenue Code and regulations thereunder, to enable such Holders to prepare their Federal and State income tax returns. The obligation of the Trustee set forth in this paragraph shall be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Servicer pursuant to any requirements of the Code.
(c) The Servicer, at its own expense, shall cause a firm of nationally recognized accountants to prepare any tax returns required to be filed by the Trust, and the Trustee shall execute and file such returns if requested to do so by the Servicer. The Trustee upon request, will furnish the Servicer with all such information known to the Trustee as may be reasonably required in connection with the preparation of all tax returns of the Trust.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Consumer Portfolio Services Inc)
