Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable: (a) the amount of such distribution allocable to principal allocable to each Class of Notes; (b) the amount of such distribution allocable to interest allocable to each Class of Notes; (c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period; (d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date; (e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any; (f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement; (g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above; (h) the Class A Noteholders’ Interest Carryover Shortfall; (i) the Class B Noteholders’ Interest Carryover Shortfall; (j) the Class C Noteholders’ Interest Carryover Shortfall; (k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period; (l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent; (m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period; (n) the amount, if any, distributed to the Certificateholders; (o) the Noteholders’ First Priority Principal Distributable Amount; (p) the Noteholders’ Second Priority Principal Distributable Amount; (q) the Noteholders’ Third Priority Principal Distributable Amount; (r) the Noteholders’ Principal Distributable Amount; (s) the Overcollateralization Target Amount for the immediately following Payment Date; (t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust; (u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts; (v) material breaches of pool asset representations and warranties or transaction covenants; (w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time; (x) the Yield Supplement Overcollateralization Amount for the related Payment Date; (y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates; (z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and (aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 15 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2024-C), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2024-C), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2024-B)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any, distributed to 61-90 days or 91 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(txviii) the number and dollar amount of Receivables at Available Collections for the beginning and end of the applicable preceding Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xxix) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class amount of Notes for the related Payment Excess Collections with respect to such Distribution Date; and
(aaxx) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed Consolidated Tangible Net Worth as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) last day of a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesRelated Fiscal Quarter for such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (and certain other documents, the Administrator shall also cause the Servicer to include any reports and information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator Servicer from time to time) via the Indenture Trustee’s internet website, with the use of a password provided by the Indenture Trustee. The Indenture Trustee’s internet website will be located at xxx.xxxxxx.xxx/xxx or at such other address as the Indenture Trustee shall notify the Note Owners from time to time. For assistance with regard to this service, Note Owners can call the Indenture Trustee’s Bondholder Services Group at (on behalf 000) 000-0000. The Indenture Trustee shall have the right to change the way the statements referred to above are distributed in order to make such distribution more convenient and/or more accessible to the parties entitled to receive such statements so long as such statements are only provided to the then-current Note Owners. The Indenture Trustee shall provide notification of any such change to all parties entitled to receive such statements in the manner described in Section 10.4, Section 11.4 of the Issuing Entity)Indenture or Section 11.5 of the Indenture, as appropriate.
Appears in 12 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days or 121 days or more past due as of the Certificateholderslast day of the preceding Collection Period in accordance with the Servicer’s customary practices;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(xviii) the amount of Available Collections for the preceding Collection Period;
(xix) the amount of Excess Collections with respect to such Distribution Date;
(txx) the number and dollar amount of Receivables at the beginning and end of the Note Rate applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during Class A-2b Notes with respect to the distribution period or that, cumulatively, have become material over time;
(x) Accrual Period ending on the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment day preceding such Distribution Date; and
(aaxxi) any SOFR Adjustment Conforming Changes or the Benchmark Replacement Conforming Changes. Each amount set forth rate applicable to the Accrual Period ending on the Servicer’s Certificate under clauses day preceding such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (a)and certain other documents, (b), (h), (i), (j), (o), (p), (q) reports and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator (on behalf Servicer from time to time), The Indenture Trustee’s internet website shall be initially located at xxxxx://xxxxx.xxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the Issuing Entity)dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Indenture Trustee makes no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor.
Appears in 12 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2024-4), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (CarMax Auto Owner Trust 2024-3)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 12 contracts
Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2024-1), Sale and Servicing Agreement (Drive Auto Receivables Trust 2024-1), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-1)
Statements to Noteholders and Certificateholders. On or prior to the close of business 11:00 a.m. New York City time on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating AgenciesAgencies and the Swap Counterparty, if any) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lk) delinquency information relating to the Receivables which has a payment of more than $40 or more that is more than 30, 60, 60 or 90 or 120 days delinquent;
(ml) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nm) the amount, if any, distributed to the CertificateholdersCertificateholders and the balance of the Certificates after giving effect to all distributions reported under this clause (n);
(on) the Noteholders’ First Priority Principal Distributable Amount;
(po) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(rp) the Noteholders’ Principal Distributable Amount;
(sq) the Overcollateralization Target Amount for the immediately following Payment Date;
(r) the Negative Carry Amount, if any, and the balance, if any, of the Negative Carry Account on such date, after giving effect to deposits and withdrawals to be made on the immediately following Payment Date, if any;
(s) for Payment Dates during the Funding Period, if any, the Starting Principal Balance for all Subsequent Receivables transferred to the Trust since the preceding Payment Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account, if any, for the related Collection Period;
(t) for the Payment Date immediately following the calendar month in which the Funding Period, if any, ends, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(u) the amount of outstanding Advances on such date;
(v) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(uw) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vx) material breaches of pool asset representations and warranties or transaction covenants;
(wy) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xz) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zaa) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aabb) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Monthly Swap Payment Amount, the Senior Swap Termination Payment Amount and the Subordinate Swap Termination Payment Amount, if any. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (ri) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 11 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2013-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days or 121 days or more past due as of the Certificateholderslast day of the preceding Collection Period in accordance with the Servicer’s customary practices;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(xviii) the amount of Available Collections for the preceding Collection Period;
(xix) the amount of Excess Collections with respect to such Distribution Date;
(txx) the number and dollar amount of Receivables at the beginning and end of the Note Rate applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during Class A-2b Notes with respect to the distribution period or that, cumulatively, have become material over time;
(x) Accrual Period ending on the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment day preceding such Distribution Date; and
(aaxxi) any SOFR Adjustment Conforming Changes or the Benchmark Replacement Conforming Changes. Each amount set forth rate applicable to the Accrual Period ending on the Servicer’s Certificate under clauses day preceding such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (a)and certain other documents, (b), (h), (i), (j), (o), (p), (q) reports and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator (on behalf Servicer from time to time), The Indenture Trustee’s internet website shall be initially located at xxxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the Issuing Entity)dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Indenture Trustee makes no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor.
Appears in 10 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2023-3), Sale and Servicing Agreement (CarMax Auto Owner Trust 2023-3), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lk) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(ml) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nm) the amount, if any, distributed to the Certificateholders;
(on) the Noteholders’ First Priority Principal Distributable Amount;
(po) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(rp) the Noteholders’ Principal Distributable Amount;
(sq) the Overcollateralization Target Amount for the immediately following Payment Date;
(tr) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(us) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vt) material breaches of pool asset representations and warranties or transaction covenants;
(wu) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xv) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(yw) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;; and
(zx) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (ri) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 8 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2018-B)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 8 contracts
Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2019-4), Sale and Servicing Agreement (Drive Auto Receivables Trust 2019-4), Sale and Servicing Agreement (Drive Auto Receivables Trust 2019-3)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information as to the Notes, (to the extent applicable:):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee and the Owner Trustee with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee and the Owner Trustee and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mj) the aggregate amount Principal Balance of Receivables which have become Defaulted Receivables during that are more than 30 days delinquent as of the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aak) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Cumulative Net Loss Ratio for the related Collection Period. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the Non-Investment Grade Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxx.xxxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 7 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Backup Servicer, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Owner Trustee (with copies to the Depositor, the Backup Servicer, the Rating Agencies and each Paying Agent), for the Owner Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate a statement in substantially in the form of Exhibit BB or Exhibit C, setting as applicable. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the Total Backup Servicer Fee for the preceding Collection Period;
(x) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(xi) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxii) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxiii) the amountReserve Account Draw Amount for such Distribution Date;
(xiv) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any, distributed to 61-90 days or 91 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxvi) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvii) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxviii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(txix) the number and dollar amount of Receivables at Available Collections for the beginning and end of the applicable preceding Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xxx) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class amount of Notes for the related Payment Excess Collections with respect to such Distribution Date; and
(aaxxi) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed Consolidated Tangible Net Worth as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) last day of a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesRelated Fiscal Quarter for such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (and certain other documents, the Administrator shall also cause the Servicer to include any reports and information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator Servicer from time to time) via the Indenture Trustee’s internet website, with the use of a password provided by the Indenture Trustee. The Indenture Trustee’s internet website will be located at xxx.XXXXxxx.xxx or at such other address as the Indenture Trustee shall notify the Note Owners from time to time. For assistance with regard to this service, Note Owners can call the Indenture Trustee’s Corporate Trust Office at (on behalf 000) 000-0000. The Indenture Trustee shall have the right to change the way the statements referred to above are distributed in order to make such distribution more convenient and/or more accessible to the parties entitled to receive such statements so long as such statements are only provided to the then current Note Owners. The Indenture Trustee shall provide notification of any such change to all parties entitled to receive such statements in the manner described in Section 10.4, Section 11.4 of the Issuing Entity)Indenture or Section 11.5 of the Indenture, as appropriate.
Appears in 7 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2014-2), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (CarMax Auto Owner Trust 2013-4)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days or 121 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(txviii) the number and dollar amount of Receivables at Available Collections for the beginning and end of the applicable preceding Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xxix) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class amount of Notes for the related Payment Excess Collections with respect to such Distribution Date; and
(aaxx) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed Consolidated Tangible Net Worth as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) last day of a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesRelated Fiscal Quarter for such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (and certain other documents, the Administrator shall also cause the Servicer to include any reports and information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator (on behalf Servicer from time to time). The Indenture Trustee’s internet website shall be initially located at “xxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the Issuing Entity)dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Indenture Trustee makes no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;; and
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 6 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2022-A), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2022-A), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2021-D)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information as to the Notes, (to the extent applicable:):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee and the Owner Trustee with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee and the Owner Trustee and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mj) the aggregate amount Principal Balance of Receivables which have become Defaulted Receivables during that are more than 30 days delinquent as of the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aak) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Cumulative Net Loss Ratio for the related Collection Period. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the Non-Investment Grade Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2014-4)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating AgenciesAgencies and the Swap Counterparty, if any) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lk) delinquency information relating to the Receivables which has a payment of more than $40 or more that is more than 30, 60, 60 or 90 or 120 days delinquent;
(ml) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nm) the amount, if any, distributed to the CertificateholdersCertificateholders and the balance of the Certificates after giving effect to all distributions reported under this clause (m);
(on) the Noteholders’ First Priority Principal Distributable Amount;
(po) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(rp) the Noteholders’ Principal Distributable Amount;
(sq) the Overcollateralization Target Amount for the immediately following Payment Date;
(r) the Negative Carry Amount, if any, and the balance, if any, of the Negative Carry Account on such date, after giving effect to deposits and withdrawals to be made on the immediately following Payment Date, if any;
(s) for Payment Dates during the Funding Period, if any, the Starting Principal Balance for all Subsequent Receivables transferred to the Trust since the preceding Payment Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account, if any, for the related Collection Period;
(t) for the Payment Date immediately following the calendar month in which the Funding Period, if any, ends, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(u) the amount of outstanding Advances on such date;
(v) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(uw) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vx) material breaches of pool asset representations and warranties or transaction covenants;
(wy) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xz) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zaa) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date, including One-Month LIBOR; and
(aabb) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Monthly Swap Payment Amount, the Senior Swap Termination Payment Amount and the Subordinate Swap Termination Payment Amount, if any. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (ri) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 6 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2015-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2015-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2015-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;; and
(z) the Interest Rate (including the SOFR Rate One-Month LIBOR or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) Entity of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator Issuing Entity shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 6 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2020-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2020-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2020-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days or 121 days or more past due as of the Certificateholderslast day of the preceding Collection Period in accordance with the Servicer’s customary practices;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(xviii) the amount of Available Collections for the preceding Collection Period;
(xix) the amount of Excess Collections with respect to such Distribution Date;
(txx) the number and dollar amount of Receivables at the beginning and end of the Note Rate applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during Class A-2b Notes with respect to the distribution period or that, cumulatively, have become material over time;
(x) Accrual Period ending on the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment day preceding such Distribution Date; and
(aaxxi) any SOFR Adjustment Conforming Changes or the Benchmark Replacement Conforming Changes. Each amount set forth rate applicable to the Accrual Period ending on the Servicer’s Certificate under clauses day preceding such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (a)and certain other documents, (b), (h), (i), (j), (o), (p), (q) reports and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator Servicer from time to time), The Indenture Trustee’s internet website shall be initially located at xxxxx://xxxxx.xxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Indenture Trustee makes no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor. For assistance with regard to this service, Note Owners can call the Indenture Trustee’s Bondholder Services Group at (on behalf 000) 000-0000. The Indenture Trustee shall have the right to change the way the statements referred to above are distributed in order to make such distribution more convenient and/or more accessible to the parties entitled to receive such statements so long as such statements are only provided to the then-current Note Owners. The Indenture Trustee shall provide notification of any such change to all parties entitled to receive such statements in the manner described in Section 10.4, Section 11.4 of the Issuing Entity)Indenture or Section 11.5 of the Indenture, as appropriate.
Appears in 6 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2022-2), Sale and Servicing Agreement (CarMax Auto Owner Trust 2022-2), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;; and
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 6 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2021-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2021-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2021-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating AgenciesAgencies and each Paying Agent) for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenturemost recent Record Date and to the Owner Trustee (with copies to the Rating Agencies and to each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement in substantially the forms of Exhibits B and C, the Servicer’s Certificate substantially in the form of Exhibit Brespectively, setting forth at least the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable paid to each Class of NotesNotes and to the Certificates;
(bii) the amount of such distribution allocable to interest allocable paid to each Class of Notes;
(ciii) the Outstanding Amount Yield Supplement Amount;
(iv) the amount of the Total Servicing Fee with respect to the related Collection Period;
(v) the aggregate outstanding principal balance of each Class of Notes Notes, the applicable Note Pool Factor, the Certificate Balance and the Note Certificate Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals payments allocated to be made on the immediate following Payment Date, if anyprincipal reported under clause (i) above;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(gvi) the Pool Balance, the Level Pay Pool Balance and the Last Scheduled Payment Pool Balance, in each case as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(hvii) the Class A Noteholders’ amounts of the Interest Carryover Shortfall, if any, for the next Payment Date and the portion thereof attributable to each Class of Notes;
(iviii) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number amount of Receivables purchased by, and the aggregate Purchase Amount paid byRealized Losses, World Omni or the Servicer if any, with respect to the related Collection Period;
(lix) delinquency information relating the balance of the Reserve Account on such Payment Date, after giving effect to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentchanges therein on such Payment Date;
(mx) the aggregate amount Purchase Amount of Receivables which have become Defaulted Receivables during repurchased by the preceding Seller or purchased by the Servicer, if any, with respect to the related Collection Period;
(nxi) the amount of Actuarial Advances and Last Scheduled Payment Advances, if any, with respect to the related Collection Period;
(xii) for each such Payment Date during the Pre-Funding Period, (A) the amount, if any, distributed withdrawn from the Pre-Funding Account to purchase Subsequent Receivables during the Certificateholders;
related Collection Period, (oB) the Noteholders’ First Priority Principal Distributable Remaining Pre-Funded Amount;
, if any, (pC) the Noteholders’ Second Priority Principal Distributable Negative Carry Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount , if any, for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xD) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest amount remaining on deposit in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current BenchmarkNegative Carry Account, as applicable) for each Class of Notes for the related if any, after all withdrawals, if any, made on such Payment Date; and
(aaxiii) any SOFR Adjustment Conforming Changes for the first Payment Date on or Benchmark Replacement Conforming Changesimmediately following the end of the Pre-Funding Period, the Remaining Pre-Funded Amount, if any. Each amount set forth on the Servicer’s Certificate under Payment Date statement pursuant to clauses (a), (b), (h), (i), (jii), (o), (p), (qiv) and (rvii) above shall be expressed as a dollar amount per $1,000 of original principal amount balance of a Certificate or Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Mmca Auto Owner Trust 2002-4), Sale and Servicing Agreement (Mmca Auto Receivables Trust Ii), Sale and Servicing Agreement (Mmca Auto Receivables Trust Ii)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating AgenciesAgencies and each Paying Agent) for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenturemost recent Record Date and to the Owner Trustee (with copies to the Rating Agencies and to each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement in substantially the forms of Exhibits B and C, the Servicer’s Certificate substantially in the form of Exhibit Brespectively, setting forth at least the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable paid to each Class of NotesNotes and to the Certificates;
(bii) the amount of such distribution allocable to interest allocable paid to each Class of Notes;
(ciii) the Outstanding Amount Yield Supplement Amount;
(iv) the amount of the Total Servicing Fee with respect to the related Collection Period;
(v) the aggregate outstanding principal balance of each Class of Notes Notes, the applicable Note Pool Factor, the Certificate Balance and the Note Certificate Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals payments allocated to be made on the immediate following Payment Date, if anyprincipal reported under clause (i) above;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(gvi) the Pool Balance, the Level Pay Pool Balance and the Last Scheduled Payment Pool Balance, in each case as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(hvii) the Class A Noteholders’ amounts of the Interest Carryover Shortfall, if any, for the next Payment Date and the portion thereof attributable to each Class of Notes;
(iviii) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number amount of Receivables purchased by, and the aggregate Purchase Amount paid byRealized Losses, World Omni or the Servicer if any, with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mix) the aggregate amount balance of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Reserve Account on such Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material after giving effect to changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over timetherein on such Payment Date;
(x) the Yield Supplement Overcollateralization aggregate Purchase Amount for of Receivables repurchased by the Seller or purchased by the Servicer, if any, with respect to the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment DateCollection Period; and
(aaxi) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe amount of Actuarial Advances and Last Scheduled Payment Advances, if any, with respect to the related Collection Period. Each amount set forth on the Servicer’s Certificate under Payment Date statement pursuant to clauses (a), (b), (h), (i), (jii), (o), (p), (qiv) and (rvii) above shall be expressed as a dollar amount per $1,000 of original principal amount balance of a Certificate or Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 5 contracts
Samples: Sales Contracts (Mmca Auto Receivables Trust), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-1), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-4)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating AgenciesAgencies and each Note Paying Agent) for the Indenture Trustee to post forward to each Noteholder of record as of the most recent Record Date and to the Owner Trustee (with copies to the Rating Agencies and to each Certificate Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement based on its internet website information in the Servicer's Certificate furnished pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B3.9, setting forth at least for the Collection Period relating to such Distribution Date the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable to each Class of Notesthe Notes and to the Certificate Balance;
(bii) the amount of such distribution allocable to interest allocable to each Class of Notesthe Notes and the Certificates;
(ciii) the Outstanding Amount amount of each Class of Notes and such distribution allocable to draws from the Note Reserve Account, if any;
(iv) the Pool Factor for each such Class Balance as of the close of business on the last day of the preceding Collection Period;
(dv) the Specified Overcollateralization Amount and the Specified Credit Enhancement Amount as of such Distribution Date;
(vi) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Distribution Date;
(evii) the amounts of the Noteholders' Interest Carryover Shortfall and the Certificateholders' Interest Carryover Shortfall, if any, on such Distribution Date and the change in such amounts from the preceding Distribution Date;
(viii) the aggregate outstanding principal amount of each Class of Notes, the Note Pool Factor for each Class of Notes, the Certificate Balance of each Class of Certificates and the Certificate Pool Factor for each Class of Certificates as of such Distribution Date;
(ix) the amount of any previously due and unpaid payment of principal of the Notes or of the Certificate Balance, as applicable, and the change in such amount from that of the prior Distribution Date;
(x) the balance of the Reserve Account on such Payment Determination Date before and Distribution Date, after giving effect to deposits and withdrawals to be distributions made on such Distribution Date and the immediate following Payment change in such balance from the preceding Distribution Date, if any;
(fxi) the amountamount of the aggregate Realized Losses, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mxii) the aggregate amount Purchase Amount of Receivables which have become Defaulted Receivables during repurchased by the preceding Collection Period;
(n) Seller or purchased by the amountServicer, if any, distributed with respect to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aaxiii) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe amount of Advances, if any, on such Distribution Date (stating separately the amount of Actuarial Advances and Simple Interest Advances). Each amount set forth on the Servicer’s Certificate under Distribution Date statement pursuant to clauses (a), (b), (h), (i), (jii), (ovi), (p), (qvii) and (rix) above shall be expressed as a dollar amount per $1,000 of original principal amount or original Certificate Balance of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of Note or a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesCertificate, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two L P), Sale and Servicing Agreement (Ford Credit Auto Receivables Two L P)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination 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 Agencieseach Paying Agent) for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenture, the Servicer’s Certificate most recent Record Date a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable to each Class of Notes;
(bii) the amount of such distribution allocable to interest allocable to each Class of Notes;
(ciii) the Outstanding Amount outstanding principal balance of each Class of Notes and the Note Pool Factor for each such Class 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;
(div) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, ;
(v) the amount of any unpaid Servicing Fee and Realized Losses, if any, with respect to the change in such amount from the prior Payment Daterelated Collection Period;
(evi) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate next following Payment Distribution Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(gvii) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (ai) above;; and
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nviii) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming ChangesCertificate Distribution Account. Each amount set forth on the Servicer’s Certificate Distribution Date statement under clauses (a), (b), (h), (i), (j), ii) or (o), (p), (q) and (riv) above shall be expressed as a dollar amount per $1,000 of original principal amount balance of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Premier Auto Trust 1998-2), Sale and Servicing Agreement (Premier Auto Trust 1998-3), Sale and Servicing Agreement (Premier Auto Trust 1997 1)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days or 121 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(xviii) the amount of Available Collections for the preceding Collection Period;
(xix) the amount of Excess Collections with respect to such Distribution Date;
(txx) the number and dollar amount of Receivables at the beginning and end of the Note Rate applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during Class A-2b Notes with respect to the distribution period or that, cumulatively, have become material over time;
(x) Accrual Period ending on the Yield Supplement Overcollateralization Amount for the related Payment day preceding such Distribution Date;
(yxxi) a material change in World Omni or LIBOR applicable to the Depositor’s retained interest in Accrual Period ending on the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment day preceding such Distribution Date; and
(aaxxii) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed Consolidated Tangible Net Worth as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) last day of a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesRelated Fiscal Quarter for such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (and certain other documents, the Administrator shall also cause the Servicer to include any reports and information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator (on behalf Servicer from time to time). The Indenture Trustee’s internet website shall be initially located at “xxxxx://xxxxx.xxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the Issuing Entity)dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Indenture Trustee makes no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Backup Servicer, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Owner Trustee (with copies to the Depositor, the Backup Servicer, the Rating Agencies and each Paying Agent), for the Owner Trustee to forward to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate a statement in substantially in the form of Exhibit BB or Exhibit C, setting as applicable. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the Total Backup Servicer Fee for the preceding Collection Period;
(x) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(xi) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxii) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxiii) The Reserve Account Draw Amount for such Distribution Date;
(xiv) the amountaggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any, distributed to 61-90 days or 91 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxvi) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvii) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxviii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(txix) the number and dollar amount of Receivables at Available Collections for the beginning and end of the applicable preceding Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xxx) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class amount of Notes for the related Payment Excess Collections with respect to such Distribution Date; and
(aaxxi) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed The Consolidated Tangible Net Worth as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) last day of a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesRelated Fiscal Quarter for such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (and certain other documents, the Administrator shall also cause the Servicer to include any reports and information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator Servicer from time to time) via the Indenture Trustee’s internet website, with the use of a password provided by the Indenture Trustee. The Indenture Trustee’s internet website will be located at xxx.XXXXxxx.xxx or at such other address as the Indenture Trustee shall notify the Note Owners from time to time. For assistance with regard to this service, Note Owners can call the Indenture Trustee’s Corporate Trust Office at (on behalf 000) 000-0000. The Indenture Trustee shall have the right to change the way the statements referred to above are distributed in order to make such distribution more convenient and/or more accessible to the parties entitled to receive such statements so long as such statements are only provided to the then current Note Owners. The Indenture Trustee shall provide notification of any such change to all parties entitled to receive such statements in the manner described in Section 10.4, Section 11.4 of the Issuing Entity)Indenture or Section 11.5 of the Indenture, as appropriate.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2011-3), Sale and Servicing Agreement (CarMax Auto Owner Trust 2011-2), Sale and Servicing Agreement (CarMax Auto Owner Trust 2011-1)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall and the Class D Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the aggregate Principal Balance of 60 Day Delinquent Receivables as of such Payment Date;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentDelinquency Percentage for the related Collection Period;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aan) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (n) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2021-3), Sale and Servicing Agreement (Drive Auto Receivables Trust 2021-3), Sale and Servicing Agreement (Drive Auto Receivables Trust 2021-1)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenturemost recent Record Date and to the Owner Trustee (with copies to the Depositor, the Servicer’s Certificate Rating Agencies and each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement in substantially in the form of Exhibit BB or Exhibit C, setting as applicable. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) [RESERVED];
(v) the Regular Principal Distributable Amount for such Distribution Date;
(vi) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cvii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(viii) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(ix) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dx) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Distribution Date) and the Secondary Reserve Account Amount on such Distribution Date before and (after giving effect to all deposits and to or withdrawals to be made from the Secondary Reserve Account on the immediate following Payment such Distribution Date, if any);
(fxi) The Reserve Account Draw Amount for such Distribution Date and the Secondary Reserve Account Draw Amount for such Distribution Date;
(xii) the amountaggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiii) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any, distributed to 61-90 days or 91 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxiv) the Noteholders’ First Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxv) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(txvi) the number and dollar amount of Receivables at Available Collections for the beginning and end of the applicable preceding Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aaxvii) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant Excess Collections with respect to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)Distribution Date.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Owner Trust 2005-3), Sale and Servicing Agreement (CarMax Auto Owner Trust 2005-2)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days or 121 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(xviii) the amount of Available Collections for the preceding Collection Period;
(xix) the amount of Excess Collections with respect to such Distribution Date;
(txx) the number and dollar amount of Receivables at the beginning and end of the Note Rate applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during Class A-2b Notes with respect to the distribution period or that, cumulatively, have become material over time;
(x) Accrual Period ending on the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment day preceding such Distribution Date; and
(aaxxi) any SOFR Adjustment Conforming Changes or the Benchmark Replacement Conforming Changes. Each amount set forth rate applicable to the Accrual Period ending on the Servicer’s Certificate under clauses day preceding such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (a)and certain other documents, (b), (h), (i), (j), (o), (p), (q) reports and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator (on behalf Servicer from time to time). The Indenture Trustee’s internet website shall be initially located at “xxxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the Issuing Entity)dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Indenture Trustee makes no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days or 121 days or more past due as of the Certificateholderslast day of the preceding Collection Period in accordance with the Servicer’s customary practices;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(xviii) the amount of Available Collections for the preceding Collection Period;
(xix) the amount of Excess Collections with respect to such Distribution Date;
(txx) the number and dollar amount of Receivables at the beginning and end of the Note Rate applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during Class A-2b Notes with respect to the distribution period or that, cumulatively, have become material over time;
(x) Accrual Period ending on the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment day preceding such Distribution Date; and
(aaxxi) any SOFR Adjustment Conforming Changes or the Benchmark Replacement Conforming Changes. Each amount set forth rate applicable to the Accrual Period ending on the Servicer’s Certificate under clauses day preceding such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (a)and certain other documents, (b), (h), (i), (j), (o), (p), (q) reports and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator (on behalf Servicer from time to time). The Indenture Trustee’s internet website shall be initially located at “xxxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the Issuing Entity)dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Indenture Trustee makes no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days or 121 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(xviii) the amount of Available Collections for the preceding Collection Period;
(xix) the amount of Excess Collections with respect to such Distribution Date;
(txx) the number and dollar amount of Receivables at the beginning and end of the Note Rate applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during Class A-2b Notes with respect to the distribution period or that, cumulatively, have become material over time;
(x) Accrual Period ending on the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment day preceding such Distribution Date; and
(aaxxi) any SOFR Adjustment Conforming Changes or the Benchmark Replacement Conforming Changes. Each amount set forth rate applicable to the Accrual Period ending on the Servicer’s Certificate under clauses day preceding such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (a)and certain other documents, (b), (h), (i), (j), (o), (p), (q) reports and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator (on behalf Servicer from time to time). The Indenture Trustee’s internet website shall be initially located at “xxxxx://xxxxx.xxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the Issuing Entity)dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Indenture Trustee makes no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information as to the Notes, (to the extent applicable:):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee and the Owner Trustee with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee and the Owner Trustee and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mj) the aggregate amount Principal Balance of Receivables which have become Defaulted Receivables during that are more than 30 days delinquent as of the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aak) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Cumulative Net Loss Ratio for the related Collection Period. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the Non-Investment Grade Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxxx://xxx.xxxxxx.xxx/abs” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lk) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(ml) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nm) the amount, if any, distributed to the Certificateholders;
(on) the Noteholders’ First Priority Principal Distributable Amount;
(po) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(rp) the Noteholders’ Principal Distributable Amount;
(sq) the Overcollateralization Target Amount for the immediately following Payment Date;
(tr) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(us) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vt) material breaches of pool asset representations and warranties or transaction covenants;
(wu) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xv) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(yw) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;; and
(zx) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes, including One-Month LIBOR. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (ri) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 4 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2017-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2017-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenturemost recent Record Date and to the Owner Trustee (with copies to the Depositor, the Servicer’s Certificate Rating Agencies and each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date, a statement in substantially in the form of Exhibit BB or Exhibit C, setting as applicable. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) [RESERVED];
(v) the Regular Principal Distributable Amount for such Distribution Date;
(vi) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cvii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(viii) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(ix) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dx) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxi) The Reserve Account Draw Amount for such Distribution Date;
(xii) the amountaggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiii) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any, distributed to 61-90 days or 91 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxiv) the Noteholders’ First Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxv) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(txvi) the number and dollar amount of Receivables at Available Collections for the beginning and end of the applicable preceding Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aaxvii) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant Excess Collections with respect to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)Distribution Date.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Owner Trust 2007-1), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (CarMax Auto Owner Trust 2007-2)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Backup Servicer, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenturemost recent Record Date, and to the Owner Trustee (with copies to the Depositor, the Backup Servicer’s Certificate , 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, a statement in substantially in the form of Exhibit BB or Exhibit C, setting as applicable. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) [RESERVED];
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the Total Backup Servicer Fee for the preceding Collection Period;
(x) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(xi) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxii) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxiii) The Reserve Account Draw Amount for such Distribution Date;
(xiv) the amountaggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any, distributed to 61-90 days or 91 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxvi) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvii) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxviii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(txix) the number and dollar amount of Receivables at Available Collections for the beginning and end of the applicable preceding Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xxx) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class amount of Notes for the related Payment Excess Collections with respect to such Distribution Date; and
(aaxxi) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed The Consolidated Tangible Net Worth as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf last day of the Issuing Entity)Related Fiscal Quarter for such Distribution Date.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2010-2), Sale and Servicing Agreement (CarMax Auto Owner Trust 2010-1), Sale and Servicing Agreement (CarMax Auto Owner Trust 2009-2)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;; and
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (rj) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 4 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2019-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2019-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the Cumulative Net Loss Ratio for the related Collection Period;
(l) delinquency information relating to the aggregate Principal Balance of 60 Day Delinquent Receivables which has a payment as of more than $40 that is more than 30, 60, 90 or 120 days delinquentsuch Payment Date;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during Delinquency Percentage for the preceding related Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aao) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each the number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), in this clause (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf in 30-day increments beginning with 30-59 days delinquent in lieu of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)foregoing increments.
Appears in 4 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating Agencies, each Swap Counterparty and each Paying Agent) for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenturemost recent Record Date and to the Owner Trustee (with copies to the Rating Agencies and to each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement in substantially the forms of Exhibits B and C, the Servicer’s Certificate substantially in the form of Exhibit Brespectively, setting forth at least the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable paid to each Class of NotesNotes and to the Certificates;
(bii) the amount of such distribution allocable to interest allocable paid to each Class of Notes;
(ciii) the Outstanding Amount Yield Supplement Amount;
(iv) the amount of the Total Servicing Fee with respect to the related Collection Period;
(v) the amount of the Net Swap Payments or Net Swap Receipts, if any, due on that Payment Date;
(vi) the amount of any Swap Termination Payments due on that Payment Date;
(vii) the aggregate outstanding principal balance of each Class of Notes Notes, the applicable Note Pool Factor, the Certificate Balance and the Note Certificate Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals payments allocated to be made on the immediate following Payment Date, if anyprincipal reported under clause (i) above;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(gviii) the Pool Balance, the Level Pay Pool Balance and the Last Scheduled Payment Pool Balance, in each case as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(hix) the Class A Noteholders’ amounts of the Interest Carryover Shortfall, if any, for the next Payment Date and the portion thereof attributable to each Class of Notes;
(ix) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number amount of Receivables purchased by, and the aggregate Purchase Amount paid byRealized Losses, World Omni or the Servicer if any, with respect to the related Collection Period;
(lxi) delinquency information relating the balance of the Reserve Account on such Payment Date, after giving effect to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentchanges therein on such Payment Date;
(mxii) the aggregate amount Purchase Amount of Receivables which have become Defaulted Receivables during repurchased by the preceding Seller or purchased by the Servicer, if any, with respect to the related Collection Period;
(nxiii) the amount of Actuarial Advances and Last Scheduled Payment Advances, if any, with respect to the related Collection Period;
(xiv) for each such Payment Date during the Pre-Funding Period, (A) the amount, if any, distributed withdrawn from the Pre-Funding Account to purchase Subsequent Receivables during the Certificateholders;
related Collection Period, (oB) the Noteholders’ First Priority Principal Distributable Remaining Pre-Funded Amount;
, if any, (pC) the Noteholders’ Second Priority Principal Distributable Negative Carry Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount , if any, for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xD) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest amount remaining on deposit in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current BenchmarkNegative Carry Account, as applicable) for each Class of Notes for the related if any, after all withdrawals, if any, made on such Payment Date; and
(aaxv) any SOFR Adjustment Conforming Changes for the first Payment Date on or Benchmark Replacement Conforming Changesimmediately following the end of the Pre-Funding Period, the Remaining Pre-Funded Amount, if any. Each amount set forth on the Servicer’s Certificate under Payment Date statement pursuant to clauses (a), (b), (h), (i), (jii), (o), (p), (qiv) and (rvii) above shall be expressed as a dollar amount per $1,000 of original principal amount balance of a Certificate or Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-3), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-3), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-3)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information as to the Notes, (to the extent applicable:):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee and the Owner Trustee with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee and the Owner Trustee and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the Cumulative Net Loss Ratio for the related Collection Period;
(l) delinquency information relating to [the Receivables which has a payment of more than $40 that is more than 30Net Swap Receipts and Net Swap Payment, 60, 90 or 120 days delinquentif any;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection PeriodSenior Swap Termination Payment and Subordinated Swap Termination Payment, if any;
(n) the amountSwap Replacement Proceeds, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable AmountSwap Termination Payment, if any];
(p) the Noteholders’ Second Priority aggregate Principal Distributable AmountBalance of 60 Day Delinquent Receivables as of such Payment Date;
(q) the Noteholders’ Third Priority Principal Distributable AmountDelinquency Percentage for the related Collection Period;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aas) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe number of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the Non-Investment Grade Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity).accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “[ ]” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, [the Backup Servicer,] the Rating Agencies) , [and]each Paying Agent [and the Swap Counterparty]), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, [the Backup Servicer,] the Rating Agencies, [and] each Paying Agent [and the Swap Counterparty]), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) [the Total Backup Servicer Fee for the preceding Collection Period [and any amounts due to the Asset Representations Reviewer pursuant to the Asset Representations Review Agreement not previously paid by the Servicer for the preceding Collection Period];]
(x) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(xi) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxii) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxiii) the amountReserve Account Draw Amount for such Distribution Date;
(xiv) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days or 121 days or more past due as of the Certificateholderslast day of the preceding Collection Period in accordance with the Servicer’s customary practices;
(oxvi) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvii) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxviii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(xix) the amount of Available Collections for the preceding Collection Period;
(xx) the amount of Excess Collections with respect to such Distribution Date;
(txxi) [the number and dollar amount of Receivables at Note Rate applicable to the beginning and end of Class A-2b Notes with respect to the Accrual Period ending on the day preceding such Distribution Date;]
(xxii) [the Benchmark rate applicable Collection Periodto the Accrual Period ending on the day preceding such Distribution Date; and]
(xxiii) [the Monthly Net Swap Payment Amount, if any, the Senior Swap Termination Payment Amount, if any, the Subordinate Swap Termination Payment Amount, if any, and the weighted average Contract Rate Net Swap Receipts, if any, in each case with respect to such Distribution Date.] The Indenture Trustee will make available each month to each Note Owner the statements referred to above (and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency certain other documents, reports and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator (on behalf Servicer from time to time). The Indenture Trustee’s internet website shall be initially located at [_______________] or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the Issuing Entity)dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Indenture Trustee makes no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Owner Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Owner Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate a statement in substantially in the form of Exhibit BB or Exhibit C, setting as applicable. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any, distributed to 61-90 days or 91 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(xviii) the amount of Available Collections for the preceding Collection Period;
(xix) the amount of Excess Collections with respect to such Distribution Date;
(txx) the number and dollar amount of Receivables at Note Rate applicable to the beginning and end of Class A-2b Notes with respect to the applicable Collection Period, and Accrual Period ending on the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trustday preceding such distribution date;
(uxxi) delinquency and loss information for the LIBOR applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during Accrual Period ending on the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment day preceding such Distribution Date; and
(aaxxii) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed Consolidated Tangible Net Worth as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) last day of a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesRelated Fiscal Quarter for such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (and certain other documents, the Administrator shall also cause the Servicer to include any reports and information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator Servicer from time to time) via the Indenture Trustee’s internet website, with the use of a password provided by the Indenture Trustee. The Indenture Trustee’s internet website will be located at xxx.XXXXxxx.xxx or at such other address as the Indenture Trustee shall notify the Note Owners from time to time. For assistance with regard to this service, Note Owners can call the Indenture Trustee’s Corporate Trust Office at (on behalf 000) 000-0000. The Indenture Trustee shall have the right to change the way the statements referred to above are distributed in order to make such distribution more convenient and/or more accessible to the parties entitled to receive such statements so long as such statements are only provided to the then current Note Owners. The Indenture Trustee shall provide notification of any such change to all parties entitled to receive such statements in the manner described in Section 10.4, Section 11.4 of the Issuing Entity)Indenture or Section 11.5 of the Indenture, as appropriate.
Appears in 3 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-4), Sale and Servicing Agreement (CarMax Auto Owner Trust 2015-3), Sale and Servicing Agreement (CarMax Auto Owner Trust 2014-4)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating AgenciesAgencies and each Note Paying Agent) for the Indenture Trustee to post forward to each Noteholder of record as of the most recent Record Date and to the Owner Trustee (with copies to the Rating Agencies and to each Certificate Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement based on its internet website information in the Servicer's Certificate furnished pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B3.9, setting forth at least for the Collection Period relating to such Distribution Date the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable to each Class of Notesthe Notes and to the Certificates;
(bii) the amount of such distribution allocable to interest allocable to each Class of Notesthe Notes and the Certificates;
(ciii) the Outstanding Amount amount of each Class of Notes and such distribution allocable to the Note Yield Supplement Amount;
(iv) the Pool Factor for each such Class Balance as of the close of business on the last day of the preceding Collection Period;
(dv) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Distribution Date;
(evi) the amounts of the Noteholders' Interest Carryover Shortfall, the Noteholders' Principal Carryover Shortfall, the Certificateholders' Interest Carryover Shortfall and the Certificateholders' Principal Carryover Shortfall, if any, on such Distribution Date and the change in such amounts from the preceding Distribution Date;
(vii) the aggregate outstanding principal amount of each Class of Notes, the Note Pool Factor for each Class of Notes, the Certificate Balance and the Certificate Pool Factor as of such Distribution Date;
(viii) the balance of the Reserve Account on such Payment Determination Date before and Distribution Date, after giving effect to deposits and withdrawals to be distributions made on such Distribution Date and the immediate following Payment change in such balance from the preceding Distribution Date, if any;
(fix) the amountamount of the aggregate Realized Losses, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mx) the aggregate amount Purchase Amount of Receivables which have become Defaulted Receivables during repurchased by the preceding Collection Period;
(n) Seller or purchased by the amountServicer, if any, distributed with respect to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aaxi) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe amount of Advances, if any, on such Distribution Date. Each amount set forth on the Servicer’s Certificate under Distribution Date statement pursuant to clauses (a), (b), (h), (i), (jii), (o), v) or (p), (q) and (rvi) above shall be expressed as a dollar amount per $1,000 of original principal amount or original Certificate Balance of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of Note or a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesCertificate, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 2 contracts
Samples: Sale Agreement (Ford Credit Auto Receivables Two L P), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy Certificate Paying Agent and to the Rating Agencies) for Relevant Trustee the Indenture Servicer’s Certificate in accordance with Section 3.8. The Relevant Trustee to post shall forward (or make available on its internet website pursuant website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, in accordance with Section 6.06 6.6 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, a statement setting forth at least for the Collection Period and Payment Date relating to such statement the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Standby Servicer, the Owner Trustee, the Grantor Trust Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Standby Servicer, the Owner Trustee, the Grantor Trust Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or BAC with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the aggregate Principal Balance of 60-Day Delinquent Receivables as of such Payment Date;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentDelinquency Percentage for the related Collection Period;
(m) whether the aggregate amount of Receivables which have become Defaulted Receivables during Delinquency Percentage exceeds the preceding Collection PeriodDelinquency Trigger;
(n) the number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (n) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments; and
(o) the amount, if any, distributed to of losses on the Certificateholders;
(o) Receivables as of the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. 22 Sale and Servicing Agreement (BLAST 2024-2) The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-2), Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-2)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Investor Reporting Date, the Servicer Calculation Agent shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for Agency, the Owner Trustee, the Servicer, the Backup Servicer and the Issuer), and on or before the related Payment Date, the Indenture Trustee to post shall forward (or make available on its internet website website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement (based on information contained in the Monthly Data File delivered on or before the related Determination Date pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, 3.8) setting forth at least for the Collection Period and Payment Date relating to such Determination Date the following information as to (or such other substantially similar information) (such report, the Notes, to the extent applicable:“Investor Report”):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A Note Balance, the Class B Note Balance, the Class C Note Balance and the Class D Note Balance with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(c) the Outstanding Amount First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(d) (i) the amount on deposit in the Reserve Account and the Specified Reserve Account Balance, each Class as of Notes the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount, if any, to be withdrawn from the Reserve Account on such Payment Date and (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date;
(e) the Pool Balance, the Pool Factor and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the close of business on Indenture Trustee, the last day of Paying Agent, the Backup Servicer, the Owner Trustee, the Certificate Registrar and the Calculation Agent with respect to the related Collection Period, before Payment Date and after giving effect the amount of any unpaid fees to payments allocated to principal reported under clause (a) abovesuch parties and any changes in such amount from the prior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall and the Class D Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or America’s Car Mart with respect to the related Collection Period;
(lj) delinquency information relating to the number, dollar amount and percentage of Receivables which has a payment of more than $40 that is more than 30, are 31-60, 61-90 or 120 and over 90 days delinquent;
(m) delinquent as of the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period; provided, and however, that the weighted average Contract Rate and weighted average remaining term Servicer may, in its sole discretion, provide the information set forth in this clause (j) in 30-day increments beginning with 30-59 days delinquent in lieu of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Dateforegoing increments.; and
(aak) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe dollar amount and percentage of Receivables that are subject to deferrals and extensions as of the end of the related Collection Period . Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Indenture Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Indenture Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator (on behalf Indenture Trustee under the Transaction Documents to which it is a party, including under this Section 4.5. Any information that is disseminated in accordance with the provisions of this Section 4.5 shall not be required to be disseminated in any other form or manner. The Indenture Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Backup Servicer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Americas Carmart Inc), Sale and Servicing Agreement (Americas Carmart Inc)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information as to the Notes, (to the extent applicable:):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the 16 Sale and Servicing Agreement (2016-3) Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the Cumulative Net Loss Ratio for the related Collection Period;
(l) delinquency information relating to the aggregate Principal Balance of 60 Day Delinquent Receivables which has a payment as of more than $40 that is more than 30, 60, 90 or 120 days delinquentsuch Payment Date;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during Delinquency Percentage for the preceding related Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aao) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the Non-Investment Grade Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Owner Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Owner Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any, distributed to 61-90 days or 91 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(xviii) the amount of Available Collections for the preceding Collection Period;
(xix) the amount of Excess Collections with respect to such Distribution Date;
(txx) the number and dollar amount of Receivables at the beginning and end of the Note Rate applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during Class A-2b Notes with respect to the distribution period or that, cumulatively, have become material over time;
(x) Accrual Period ending on the Yield Supplement Overcollateralization Amount for the related Payment day preceding such Distribution Date;
(yxxi) a material change in World Omni or LIBOR applicable to the Depositor’s retained interest in Accrual Period ending on the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment day preceding such Distribution Date; and
(aaxxii) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed Consolidated Tangible Net Worth as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) last day of a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesRelated Fiscal Quarter for such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (and certain other documents, the Administrator shall also cause the Servicer to include any reports and information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator Servicer from time to time) via the Indenture Trustee’s internet website, with the use of a password provided by the Indenture Trustee. The Indenture Trustee’s internet website will be located at xxx.XXXXxxx.xxx or at such other address as the Indenture Trustee shall notify the Note Owners from time to time. For assistance with regard to this service, Note Owners can call the Indenture Trustee’s Corporate Trust Office at (on behalf 000) 000-0000. The Indenture Trustee shall have the right to change the way the statements referred to above are distributed in order to make such distribution more convenient and/or more accessible to the parties entitled to receive such statements so long as such statements are only provided to the then current Note Owners. The Indenture Trustee shall provide notification of any such change to all parties entitled to receive such statements in the manner described in Section 10.4, Section 11.4 of the Issuing Entity)Indenture or Section 11.5 of the Indenture, as appropriate.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2016-2), Sale and Servicing Agreement (CarMax Auto Owner Trust 2016-2)
Statements to Noteholders and Certificateholders. On or At least three Business Days prior to the close of business on each Monthly Payment Determination Date, the Servicer shall provide to the Indenture Trustee and the Owner Trustee (with a copy to each Paying Agent) information relating to the Rating Agencies) Receivables for the applicable Collection Period in order that the Indenture Trustee may perform the requisite calculations and forward to post on its internet website pursuant to Section 6.06 each Noteholder and Certificateholder of record as of the Indenture, the Servicer’s Certificate most recent Record Date a statement substantially in the form forms of Exhibit B, A-1 and Exhibit A-2 setting forth at least the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of distributions to be made on such distribution Monthly Payment Date allocable to principal allocable to each Class of NotesNotes and to the Certificates;
(bii) the amount of such distribution distributions to be made on such Monthly Payment Date allocable to interest allocable to each Class of NotesNotes and to the Certificates;
(ciii) the Outstanding Amount outstanding principal balance of each Class of Notes and Notes, the Note Pool Factor for each such Class Class, the Certificate Balance and the Certificate Pool Factor 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;
(div) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, ;
(v) the amount of any unpaid Servicing Fee and Realized Losses, if any, with respect to the change in such amount from the prior Payment Daterelated Collection Period;
(evi) the balance of the Reserve Account on such Monthly Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following such Monthly Payment Date, if any;; and
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(gvii) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (ai) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate Monthly Payment Date statement under clauses (a), (b), (h), (i), (j), ii) or (o), (p), (q) and (riv) above shall be expressed as a dollar amount per $1,000 of original principal amount balance of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement Note or the making of any Benchmark Replacement Conforming ChangesCertificate, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp), Transfer and Servicing Agreement (Deutsche Recreational Asset Funding Corp)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy Certificate Paying Agent and to the Rating Agencies) for Relevant Trustee the Indenture Servicer’s Certificate in accordance with Section 3.8. The Relevant Trustee to post shall forward (or make available on its internet website pursuant website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, in accordance with Section 6.06 6.6 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, a statement setting forth at least for the Collection Period and Payment Date relating to such statement the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Standby Servicer, the Owner Trustee, the Grantor Trust Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Standby Servicer, the Owner Trustee, the Grantor Trust Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or BAC with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the aggregate Principal Balance of 60-Day Delinquent Receivables as of such Payment Date;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentDelinquency Percentage for the related Collection Period;
(m) whether the aggregate amount of Receivables which have become Defaulted Receivables during Delinquency Percentage exceeds the preceding Collection PeriodDelinquency Trigger;
(n) the number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (n) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments; and
(o) the amount, if any, distributed to of losses on the Certificateholders;
(o) Receivables as of the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. 22 Sale and Servicing Agreement (BLAST 2024-3) The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-3), Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-3)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall and the Class D Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the aggregate Principal Balance of 60 Day Delinquent Receivables as of such Payment Date;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentDelinquency Percentage for the related Collection Period;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aan) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (n) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor. All such information provided to the Relevant Trustee for posting to the Relevant Trustee’s website should be sent to Xxxxx.X.Xxxxxxxxxx@xxxx.xxx with subject reference “For Posting – SDART 2024-3.” The Indenture Trustee’s internet website shall be initially located at “xxx.xx.xxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Relevant Trustee will not be required to make available via its website any information that in its judgment is confidential, may include any personally identifiable information or could otherwise violate applicable law, or could result in personal liability to the Relevant Trustee. In addition, the Relevant Trustee will have no liability for the failure to include or post any information that it has not actually received or is not in a form or format that will allow it to make such information available via its website, but to the extent received will request from the provider such information in a form or format suitable for posting on behalf its website. In the event that the Relevant Trustee receives information for posting to its website that is not in a form of format suitable for posting or that it otherwise determines not to post in accordance with this paragraph, it shall promptly notify the sender of such information and inform such sender of the Issuing Entity)reasons for not posting such information and, if applicable, the appropriate form or format in which such information should be provided.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2024-3)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2022-B), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2022-B)
Statements to Noteholders and Certificateholders. On or the Business Day prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating Agencies, each Note Paying Agent and the Depositor) for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Noteholder of record as of the Indenture, most recent Record Date and to the Owner Trustee for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement based on information in the Servicer’s Certificate substantially in the form of Exhibit Bfurnished pursuant to Section 3.9, setting forth at least for the Collection Period relating to such Payment Date the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable to each Class of Notesthe Notes and to the Certificates;
(bii) the amount of such distribution allocable to interest allocable to each Class of Notesthe Notes and the Certificates;
(ciii) the Outstanding Amount amount of each Class such distribution allocable to draws from the Reserve Account, if any;
(iv) the number of Notes Receivables and the Note Pool Factor for each such Class Balance as of the beginning of business on the first day of the preceding Collection Period and the close of business on the last day of the preceding Collection Period;
(dv) the Specified Reserve Balance as of such Payment Date;
(vi) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(evii) the amounts of the Class A Noteholders’ Interest Carryover Shortfall and the Class B Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(viii) the aggregate outstanding principal amount of each Class of Notes and the Note Pool Factor for each Class of Notes as of such Payment Date;
(ix) the amount of any previously due and unpaid payment of principal of the Notes, and the change in such amount from that of the prior Payment Date;
(x) [reserved];
(xi) the balance of the Reserve Account on such Payment Determination Date before and Date, after giving effect to deposits and withdrawals to be distributions made on such Payment Date and the immediate following change in such balance from the preceding Payment Date, if any;
(fxii) [reserved];
(xiii) the amountaggregate Purchase Amount of Receivables repurchased by the Depositor or the Seller or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lxiv) delinquency information relating to the Receivables which has a payment amount of more than $40 that is more than 30Advances, 60if any, 90 or 120 days delinquenton such Payment Date;
(mxv) the aggregate amount of Receivables which have become Defaulted Receivables during Collections for the preceding related Collection Period;
(nxvi) the amount, if any, distributed to aggregate Principal Balance of the CertificateholdersReceivables that became designated as Defaulted Receivables during the related Collection Period;
(oxvii) the Noteholders’ First Priority Principal Distributable Amount;
(p) applicable Record Dates, Interest Period and Determination Dates for calculating distributions and the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following actual Payment Date;
(txviii) the number and dollar amount of Collections received on the Receivables at the beginning and end any other assets of the applicable Trust for the related Collection Period and any fees and expenses of the Trust paid with respect to the Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(uxix) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount Receivables for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment DateCollection Period; and
(aaxx) information on any SOFR Adjustment Conforming Changes coverage ratios or Benchmark Replacement Conforming Changesperformance triggers, if applicable, including the Specified Reserve Reduction Trigger, and an indication if such triggers have been reached. Each amount set forth In addition, such statements may be made available to the Noteholders and Certificateholders of record by being posted by the Indenture Trustee on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above its website at xxx.xxxxxxxxxxxxxxxxxxxx.xxx. Access to such statements posted to such website shall be expressed as a dollar amount per $1,000 of original principal amount of a Notelimited to Noteholders and Certificateholders only. Deliveries pursuant The Indenture Trustee shall take whatever steps it believes in its sole discretion to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (necessary to so limit access to such statements on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)website.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (USAA Auto Owner Trust 2008-1), Sale and Servicing Agreement (USAA Auto Owner Trust 2007-2)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating Agencies, each Swap Counterparty and each Paying Agent) for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenturemost recent Record Date and to the Owner Trustee (with copies to the Rating Agencies and to each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement in substantially the forms of Exhibits B and C, the Servicer’s Certificate substantially in the form of Exhibit Brespectively, setting forth at least the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable paid to each Class of NotesNotes and to the Certificates;
(bii) the amount of such distribution allocable to interest allocable paid to each Class of Notes;
(ciii) the Outstanding Amount Yield Supplement Amount;
(iv) the amount of the Total Servicing Fee with respect to the related Collection Period;
(v) the aggregate outstanding principal balance of each Class of Notes Notes, the applicable Note Pool Factor, the Certificate Balance and the Note Certificate Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals payments allocated to be made on the immediate following Payment Date, if anyprincipal reported under clause (i) above;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(gvi) the Pool Balance, the Level Pay Pool Balance and the Last Scheduled Payment Pool Balance, in each case as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(hvii) the Class A Noteholders’ amounts of the Interest Carryover Shortfall, if any, for the next Payment Date and the portion thereof attributable to each Class of Notes;
(iviii) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number amount of Receivables purchased by, and the aggregate Purchase Amount paid byRealized Losses, World Omni or the Servicer if any, with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mix) the aggregate amount balance of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Reserve Account on such Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material after giving effect to changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over timetherein on such Payment Date;
(x) the Yield Supplement Overcollateralization aggregate Purchase Amount for of Receivables repurchased by the Seller or purchased by the Servicer, if any, with respect to the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment DateCollection Period; and
(aaxi) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe amount of Actuarial Advances and Last Scheduled Payment Advances, if any, with respect to the related Collection Period. Each amount set forth on the Servicer’s Certificate under Payment Date statement pursuant to clauses (a), (b), (h), (i), (jii), (o), (p), (qiv) and (rvii) above shall be expressed as a dollar amount per $1,000 of original principal amount balance of a Certificate or Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Mmca Auto Owner Trust 2001 2), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001-1)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall and the Class D Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the aggregate Principal Balance of 60 Day Delinquent Receivables as of such Payment Date;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentDelinquency Percentage for the related Collection Period;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aan) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (n) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may 18 Sale and Servicing Agreement (DRIVE 2018-4) No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2018-4), Sale and Servicing Agreement (Drive Auto Receivables Trust 2018-4)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;; and
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes, including One-Month LIBOR. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (rj) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating AgenciesAgencies and the Swap Counterparty, if any) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lk) delinquency information relating to the Receivables which has a payment of more than $40 or more that is more than 30, 60, 60 or 90 or 120 days delinquent;
(ml) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nm) the amount, if any, distributed to the CertificateholdersCertificateholders and the balance of the Certificates after giving effect to all distributions reported under this clause (m);
(on) the Noteholders’ First Priority Principal Distributable Amount;
(po) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(rp) the Noteholders’ Principal Distributable Amount;
(sq) the Overcollateralization Target Amount for the immediately following Payment Date;
(r) the Negative Carry Amount, if any, and the balance, if any, of the Negative Carry Account on such date, after giving effect to deposits and withdrawals to be made on the immediately following Payment Date, if any;
(s) for Payment Dates during the Funding Period, if any, the Starting Principal Balance for all Subsequent Receivables transferred to the Trust since the preceding Payment Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account, if any, for the related Collection Period;
(t) for the Payment Date immediately following the calendar month in which the Funding Period, if any, ends, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(u) the amount of outstanding Advances on such date;
(v) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(uw) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vx) material breaches of pool asset representations and warranties or transaction covenants;
(wy) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xz) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zaa) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aabb) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Monthly Swap Payment Amount, the Senior Swap Termination Payment Amount and the Subordinate Swap Termination Payment Amount, if any. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (ri) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2014-A), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2014-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Fourth Priority Principal Distributable Amount;
(s) the Noteholders’ Fifth Priority Principal Distributable Amount;
(t) the Noteholders’ Principal Distributable Amount;
(u) the Overcollateralization Target Amount for the immediately following Payment Date;
(tv) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(uw) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vx) material breaches of pool asset representations and warranties or transaction covenants;
(wy) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(yz) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zaa) confirmation of ongoing retention of the Retained Interest;
(bb) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each applicable Class of Notes for the related Payment Date; and
(aacc) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) ), (r), (s), and (rt) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Select Auto Trust 2023-A), Sale and Servicing Agreement (World Omni Select Auto Trust 2023-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating AgenciesAgencies [and the Swap Counterparty]) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of NotesNotes [(related to the Amortization Period only)];
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) [the amount of such distribution allocable to the Certificateholders;]
(e) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(ef) the balance of the Reserve Account [and][,] [the amount available for draw under the Reserve Account Letter of Credit] [and the Class [ ] Reserve Account] on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(fg) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(gh) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(hi) the Class A Noteholders’ Interest Carryover Shortfall;
(ij) the Class B Noteholders’ Interest Carryover Shortfall;
(jk) [the Class C Noteholders’ Interest Carryover Shortfall;]
(kl) [the Class D Noteholders’ Interest Carryover Shortfall;]
(m) [the Class E Noteholders’ Interest Carryover Shortfall;]
(n) [the Class F Noteholders’ Interest Carryover Shortfall;]
(o) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lp) delinquency information relating to the Receivables which has a payment of more than $40 [40] that is more than 30, 60, 90 or 120 days delinquent;
(mq) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nr) [the amount, if any, distributed to the CertificateholdersCertificateholders [and the balance of the Certificate after giving effect to all distributions reported under this clause (p)];]
(os) the Noteholders’ First Priority Principal Distributable AmountAmount [(related to the Amortization Period only)];
(pt) the Noteholders’ Second Priority Principal Distributable AmountAmount [(related to the Amortization Period only)];
(qu) [the Noteholders’ Third Priority Principal Distributable AmountAmount [(related to the Amortization Period only)];]
(rv) [the Noteholders’ Fourth Priority Principal Distributable Amount [(related to the Amortization Period only)];]
(w) [the Noteholders’ Fifth Priority Principal Distributable Amount [(related to the Amortization Period only)];]
(x) [the Noteholders’ Sixth Priority Principal Distributable Amount [(related to the Amortization Period only)];]
(y) the Noteholders’ Principal Distributable AmountAmount [(related to the Amortization Period only)];
(sz) the Overcollateralization Target Amount for the immediately following Payment Date;
(taa) [the Negative Carry Amount, if any, and the balance, if any, of the Negative Carry Account on such date, after giving effect to deposits and withdrawals to be made on the immediately following Payment Date, if any;]
(bb) [for Payment Dates during the [Funding Period][Revolving Period], the Starting Principal Balance for all Subsequent Receivables transferred to the Trust since the preceding Payment Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account, if any, for the related Collection Period;]
(cc) [for the Payment Date immediately following the calendar month in which the Funding Period ends, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;]
(dd) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(uee) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vff) material breaches of pool asset representations and warranties or transaction covenants;
; (wgg) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on forward to The Depository Trust Company (which shall supply such statement to Noteholders in accordance with its internet website pursuant to Section 6.06 of the Indentureprocedures), the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(hg) the Class A Noteholders’ ' Interest Carryover Shortfall;
(h) the Class B Noteholders' Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lj) delinquency information relating to the Receivables which has a payment of more than $40 that is are more than 30, 60, 60 or 90 or 120 days delinquent;
(mk) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nl) the amount, if any, distributed to the Certificateholders;
(om) the Noteholders’ ' First Priority Principal Distributable Amount;
(pn) the Noteholders’ Second Priority ' Principal Distributable Amount;; and
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(so) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (qg) and (rh) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies, the Owner Trustee and the Swap Counterparty, if any) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 or more that is more than 30, 60, 60 or 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the CertificateholdersCertificateholders and the balance of the Certificates after giving effect to all distributions reported under this clause (n);
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the Negative Carry Amount, if any, and the balance, if any, of the Negative Carry Account on such date, after giving effect to deposits and withdrawals to be made on the immediately following Payment Date, if any;
(u) for Payment Dates during the Funding Period, if any, the Starting Principal Balance for all Subsequent Receivables transferred to the Trust since the preceding Payment Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account, if any, for the related Payment Period;
(v) for the Payment Date immediately following the calendar month in which the Funding Period, if any, ends, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(w) the amount of outstanding Advances on such date;
(x) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(uy) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vz) material breaches of pool asset representations and warranties or transaction covenants;
(waa) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xbb) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zcc) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aadd) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Monthly Swap Payment Amount, the Senior Swap Termination Payment Amount and the Subordinate Swap Termination Payment Amount, if any. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (rj) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2011-A), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2011-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the Class D Noteholders’ Interest Carryover Shortfall;
(l) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lm) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mn) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(no) the amount, if any, distributed to the Certificateholders;
(op) the Noteholders’ First Priority Principal Distributable Amount;
(pq) the Noteholders’ Second Priority Principal Distributable Amount;
(qr) the Noteholders’ Third Priority Principal Distributable Amount;
(rs) the Noteholders’ Fourth Priority Principal Distributable Amount;
(t) the Noteholders’ Fifth Priority Principal Distributable Amount;
(u) the Noteholders’ Principal Distributable Amount;
(sv) the Overcollateralization Target Amount for the immediately following Payment Date;
(tw) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(ux) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vy) material breaches of pool asset representations and warranties or transaction covenants;
(wz) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(yaa) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zbb) confirmation of ongoing retention of the Retained Interest; and
(cc) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each applicable Class of Notes for the related next Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (ok), (p), (q), (r), (s), (t) and (ru) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by Notwithstanding the Administrator foregoing, the Servicer’s Certificate for the Special Payment Date (on behalf if applicable) shall only be required to include such information as may be necessary for the purpose of directing payment of amounts due to the Holders of the Issuing Entity) of a Benchmark Replacement or Class A-1 Notes on the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)Special Payment Date.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Select Auto Trust 2021-A), Sale and Servicing Agreement (World Omni Select Auto Trust 2021-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days or 121 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(txviii) the number and dollar amount of Receivables at Available Collections for the beginning and end of the applicable preceding Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aaxix) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a NoteExcess Collections with respect to such Distribution Date. Deliveries pursuant The Indenture Trustee will make available each month to this Section 5.08 may be delivered by electronic mail. Upon determination by each Note Owner the Administrator statements referred to above (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changesand certain other documents, the Administrator shall also cause the Servicer to include any reports and information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator (on behalf Servicer from time to time). The Indenture Trustee’s internet website shall be initially located at “xxxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the Issuing Entity)dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Indenture Trustee makes no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
; 18 Sale and Servicing Agreement (dSDART 2023-5) (f) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-5), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-5)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on forward to The Depository Trust Company (which shall supply such statement to Noteholders in accordance with its internet website pursuant to Section 6.06 of the Indentureprocedures), the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(hg) the Class A Noteholders’ Interest Carryover Shortfall;
(ih) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(ki) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lj) delinquency information relating to the Receivables which has a payment of more than $40 that is are more than 30, 60, 60 or 90 or 120 days delinquent;
(mk) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nl) the amount, if any, distributed to the Certificateholders;
(om) the Noteholders’ First Priority Principal Distributable Amount;
(pn) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(ro) the Noteholders’ Principal Distributable Amount;
(sp) the Overcollateralization Target Amount for the immediately following Payment Date;
(q) the Negative Carry Amount and the balance, if any, of the Negative Carry Account on such date, after giving effect to deposits and withdrawals to be made on the immediately following Payment Date, if any;
(r) for Payment Dates during the Funding Period, the Starting Principal Balance for all Subsequent Receivables transferred to the Trust since the preceding Payment Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account, if any, for the related Payment Period;
(s) for the Payment Date immediately following the calendar month in which the Funding Period ends, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;Net Loss Ratio; and
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Average Net Loss Ratio Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (qg) and (rh) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2005-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination 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 Agencieseach Paying Agent) for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenture, the Servicer’s Certificate most recent Record Date a statement substantially in the form of Exhibit BA, setting forth at least the following information as to the Notes, to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable to each Class of Notes;
(bii) the amount of such distribution allocable to interest allocable to each Class of Notes;
(ciii) the Outstanding Amount outstanding principal balance of each Class of Notes and the Note Pool Factor for each such Class 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;
(div) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(ev) the balance of amount allocated to the Reserve Account on such Payment Determination Date before and after giving effect to deposits allocations thereto and withdrawals therefrom to be made on the immediate next following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(gvi) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (ai) above;; and
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nvii) the amount, if any, distributed allocated for distribution to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), ii) or (o), (p), (q) and (riv) above shall be expressed as a dollar amount per $1,000 of original principal amount balance of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Chrysler Financial Co LLC Premier Auto Trust 1999-3), Sale and Servicing Agreement (Premier Auto Trust 1999-2)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
; 18 Sale and Servicing Agreement (dSDART 2023-6) (f) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-6), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-6)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
; 18 Sale and Servicing Agreement (dSDART 2023-2) (f) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-2), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-2)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating AgenciesAgencies and the Swap Counterparty) for the Indenture Trustee to post on forward to The Depository Trust Company (which shall supply such statement to Noteholders in accordance with its internet website pursuant to Section 6.06 of the Indentureprocedures), the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lk) delinquency information relating to the Receivables which has a payment of more than $40 that is are more than 30, 60, 60 or 90 or 120 days delinquent;
(ml) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nm) the amount, if any, distributed to the CertificateholdersCertificateholders and the balance of the Certificates after giving effect to all distributions reported under this clause (m);
(on) the Noteholders’ First Priority Principal Distributable Amount;
(po) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(rp) the Noteholders’ Principal Distributable Amount;
(sq) the Overcollateralization Target Amount for the immediately following Payment Date;
(r) the Negative Carry Amount, if any, and the balance, if any, of the Negative Carry Account on such date, after giving effect to deposits and withdrawals to be made on the immediately following Payment Date, if any;
(s) for Payment Dates during the Funding Period, if any, the Starting Principal Balance for all Subsequent Receivables transferred to the Trust since the preceding Payment Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account, if any, for the related Payment Period;
(t) for the Payment Date immediately following the calendar month in which the Funding Period, if any, ends, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(u) the amount of outstanding Advances on such date;
(v) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(uw) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vx) material breaches of pool asset representations and warranties or transaction covenants;
(wy) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xz) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zaa) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date, including One-Month LIBOR; and
(aabb) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Monthly Swap Payment Amount, the Senior Swap Termination Payment Amount, if any, and the Subordinate Swap Termination Payment Amount, if any. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (ri) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2008-B)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the Class D Noteholders’ Interest Carryover Shortfall;
(l) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lm) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mn) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(no) the amount, if any, distributed to the Certificateholders;
(op) the Noteholders’ First Priority Principal Distributable Amount;
(pq) the Noteholders’ Second Priority Principal Distributable Amount;
(qr) the Noteholders’ Third Priority Principal Distributable Amount;
(rs) the Noteholders’ Fourth Priority Principal Distributable Amount;
(t) the Noteholders’ Fifth Priority Principal Distributable Amount;
(u) the Noteholders’ Principal Distributable Amount;
(sv) the Overcollateralization Target Amount for the immediately following Payment Date;
(tw) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(ux) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vy) material breaches of pool asset representations and warranties or transaction covenants;
(wz) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(yaa) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zbb) confirmation of ongoing retention of the EU Retained Interest; and
(cc) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each applicable Class of Notes for the related next Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (ok), (p), (q), (r), (s), (t) and (ru) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Select Auto Trust 2020-A), Sale and Servicing Agreement (World Omni Select Auto Trust 2020-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Owner Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Owner Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any, distributed to 61-90 days or 91 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(txviii) the number and dollar amount of Receivables at Available Collections for the beginning and end of the applicable preceding Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xxix) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class amount of Notes for the related Payment Excess Collections with respect to such Distribution Date; and
(aaxx) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed Consolidated Tangible Net Worth as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) last day of a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesRelated Fiscal Quarter for such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (and certain other documents, the Administrator shall also cause the Servicer to include any reports and information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator Servicer from time to time) via the Indenture Trustee’s internet website, with the use of a password provided by the Indenture Trustee. The Indenture Trustee’s internet website will be located at xxx.XXXXxxx.xxx or at such other address as the Indenture Trustee shall notify the Note Owners from time to time. For assistance with regard to this service, Note Owners can call the Indenture Trustee’s Corporate Trust Office at (on behalf 000) 000-0000. The Indenture Trustee shall have the right to change the way the statements referred to above are distributed in order to make such distribution more convenient and/or more accessible to the parties entitled to receive such statements so long as such statements are only provided to the then-current Note Owners. The Indenture Trustee shall provide notification of any such change to all parties entitled to receive such statements in the manner described in Section 10.4, Section 11.4 of the Issuing Entity)Indenture or Section 11.5 of the Indenture, as appropriate.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, [the Backup Servicer,] the Rating Agencies) , [and]each Paying Agent [and the Swap Counterparty]), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Owner Trustee (with copies to the Depositor, [the Backup Servicer,] the Rating Agencies, [and] each Paying Agent [and the Swap Counterparty]), for the Owner Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) [the Total Backup Servicer Fee for the preceding Collection Period [and any amounts due to the Asset Representations Reviewer pursuant to the Asset Representations Review Agreement not previously paid by the Servicer for the preceding Collection Period];]
(x) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(xi) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxii) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxiii) the amountReserve Account Draw Amount for such Distribution Date;
(xiv) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any, distributed to 61-90 days or 91 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxvi) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvii) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxviii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(xix) the amount of Available Collections for the preceding Collection Period;
(xx) the amount of Excess Collections with respect to such Distribution Date;
(txxi) [the number and dollar amount of Receivables at Note Rate applicable to the beginning and end of Class A-2b Notes with respect to the Accrual Period ending on the day preceding such Distribution Date;]
(xxii) [LIBOR applicable Collection Periodto the Accrual Period ending on the day preceding such Distribution Date;]
(xxiii) [the Monthly Net Swap Payment Amount, if any, the Senior Swap Termination Payment Amount, if any, the Subordinate Swap Termination Payment Amount, if any, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes Net Swap Receipts, if any, in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating each case with respect to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment such Distribution Date; and]
(aaxxiv) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on [the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed Consolidated Tangible Net Worth as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) last day of a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesRelated Fiscal Quarter for such Distribution Date.] The Indenture Trustee will make available each month to each Note Owner the statements referred to above (and certain other documents, the Administrator shall also cause the Servicer to include any reports and information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator (on behalf Servicer from time to time) via the Indenture Trustee’s internet website, with the use of a password provided by the Indenture Trustee. The Indenture Trustee’s internet website will be located at [ ] or at such other address as the Indenture Trustee shall notify the Note Owners from time to time. For assistance with regard to this service, Note Owners can call the Indenture Trustee’s Corporate Trust Office at [ ]. The Indenture Trustee shall have the right to change the way the statements referred to above are distributed in order to make such distribution more convenient and/or more accessible to the parties entitled to receive such statements so long as such statements are only provided to the then current Note Owners. The Indenture Trustee shall provide notification of any such change to all parties entitled to receive such statements in the manner described in Section 10.4, Section 11.4 of the Issuing Entity)Indenture or Section 11.5 of the Indenture, as appropriate.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate immediately following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Fourth Priority Principal Distributable Amount;
(s) the Noteholders’ Fifth Priority Principal Distributable Amount;
(t) the Noteholders’ Principal Distributable Amount;
(u) the Overcollateralization Target Amount for the immediately following Payment Date;
(tv) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(uw) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vx) material breaches of pool asset representations and warranties or transaction covenants;
(wy) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(yz) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zaa) confirmation of ongoing retention of the Retained Interest;
(bb) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each applicable Class of Notes for the related Payment Date; and
(aacc) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) ), (r), (s), and (rt) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Select Auto Trust 2024-A), Sale and Servicing Agreement (World Omni Select Auto Trust 2024-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall and the Class D Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the aggregate Principal Balance of 60 Day Delinquent Receivables as of such Payment Date;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentDelinquency Percentage for the related Collection Period;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aan) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (n) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2020-1), Sale and Servicing Agreement (Drive Auto Receivables Trust 2020-1)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall and the Class D Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the aggregate Principal Balance of 60 Day Delinquent Receivables as of such Payment Date;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentDelinquency Percentage for the related Collection Period;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aan) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (n) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor. All such information provided to the Relevant Trustee for posting to Relevant Trustee’s website should be sent to Xxxxx.X.Xxxxxxxxxx@xxxx.xxx with subject reference “For Posting – SDART 2022-5.” The Indenture Trustee’s internet website shall be initially located at “xxx.xx.xxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Relevant Trustee will not be required to make available via its website any information that in its judgment is confidential, may include any personally identifiable information or could otherwise violate applicable law, or could result in personal liability to the Relevant Trustee. In addition, the Relevant Trustee will have no liability for the failure to include or post any information that it has not actually received or is not in a form or format that will allow it to make such information available via its website, but to the extent received will request from the provider such information in a form or format suitable for posting on behalf its website. In the event that the Relevant Trustee receives information for posting to its website that is not in a form of format suitable for posting or that it otherwise determines not to post in accordance with this paragraph, it shall promptly notify the sender of such information and inform such sender of the Issuing Entity)reasons for not posting such information and, if applicable, the appropriate form or format in which such information should be provided.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-5), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2022-5)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information as to the Notes, (to the extent applicable:):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date; 16 Sale and Servicing Agreement (2015-3)
(g) the amount of fees to be paid to the Indenture Trustee and the Owner Trustee with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee and the Owner Trustee and the change in such amount from that of the prior Payment Date;
(eh) the balance amount of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mj) the aggregate amount Principal Balance of Receivables which have become Defaulted Receivables during that are more than 30 days delinquent as of the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aak) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Cumulative Net Loss Ratio for the related Collection Period. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the Non-Investment Grade Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxxxx://xxx.xxx.xx.xxx/investpublic or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating AgenciesAgencies and each Paying Agent) for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenturemost recent Record Date and to the Owner Trustee (with copies to the Rating Agencies and to each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement in substantially the forms of Exhibits B and C, the Servicer’s Certificate substantially in the form of Exhibit Brespectively, setting forth at least the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable paid to each Class of NotesNotes and to the Certificates;
(bii) the amount of such distribution allocable to interest allocable paid to each Class of Notes;
(ciii) the Outstanding Amount Yield Supplement Amount;
(iv) the amount of the Total Servicing Fee with respect to the related Collection Period;
(v) the aggregate outstanding principal balance of each Class of Notes Notes, the applicable Note Pool Factor, the Certificate Balance and the Note Certificate Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals payments allocated to be made on the immediate following Payment Date, if anyprincipal reported under clause (i) above;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(gvi) the Pool Balance, the Level Pay Pool Balance and the Last Scheduled Payment Pool Balance, in each case as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(hvii) the Class A Noteholders’ amounts of the Interest Carryover Shortfall, if any, for the next Payment Date, and the Principal Carryover Shortfall, if any, for such Payment Date and the portion thereof attributable to each Class of Notes;
(iviii) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number amount of Receivables purchased by, and the aggregate Purchase Amount paid byRealized Losses, World Omni or the Servicer if any, with respect to the related Collection Period;
(lix) delinquency information relating the balance of the Reserve Account on such Payment Date, after giving effect to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentchanges therein on such Payment Date;
(mx) the balance of the Supplemental Reserve Account on such Payment Date, after giving effect to changes therein on such Payment Date;
(xi) the aggregate amount Purchase Amount of Receivables which have become Defaulted Receivables during repurchased by the preceding Seller or purchased by the Servicer, if any, with respect to the related Collection Period;
(nxii) the amount of Actuarial Advances and Last Scheduled Payment Advances, if any, with respect to the related Collection Period;
(xiii) for each such Payment Date during the Pre-Funding Period and the Payment Date that is on or immediately following the end of the Pre-Funding Period, (A) the amount, if any, distributed withdrawn from the Pre-Funding Account to purchase Subsequent Receivables during the Certificateholders;
related Collection Period, (oB) the Noteholders’ First Priority Principal Distributable remaining Pre-Funded Amount;
, if any, (pC) the Noteholders’ Second Priority Principal Distributable Negative Carry Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount , if any, for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xD) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest amount remaining on deposit in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current BenchmarkNegative Carry Account, as applicable) for each Class of Notes for the related if any, after all withdrawals, if any, made on such Payment Date; and
(aaxiv) any SOFR Adjustment Conforming Changes for the first Payment Date on or Benchmark Replacement Conforming Changesimmediately following the end of the Pre-Funding Period, the remaining Pre-Funded Amount, if any. Each amount set forth on the Servicer’s Certificate under Payment Date statement pursuant to clauses (a), (b), (h), (i), (jii), (oiii), (p), (qiv) and (rvii) above shall be expressed as a dollar amount per $1,000 of original principal amount balance of a Certificate or Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Mmca Auto Receivables Trust), Sale and Servicing Agreement (Mmca Auto Receivables Trust)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on forward to The Depository Trust Company (which shall supply such statement to Noteholders in accordance with its internet website pursuant to Section 6.06 of the Indentureprocedures), the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lk) delinquency information relating to the Receivables which has a payment of more than $40 that is are more than 30, 60, 60 or 90 or 120 days delinquent;
(ml) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nm) the amount, if any, distributed to the CertificateholdersCertificateholders and the balance of the Certificates after giving effect to all distributions reported under this clause (m);
(on) the Noteholders’ First Priority Principal Distributable Amount;
(po) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(rp) the Noteholders’ Principal Distributable Amount;
(sq) the Overcollateralization Target Amount for the immediately following Payment Date;
(r) the Negative Carry Amount and the balance, if any, of the Negative Carry Account on such date, after giving effect to deposits and withdrawals to be made on the immediately following Payment Date, if any;
(s) for Payment Dates during the Funding Period, the Starting Principal Balance for all Subsequent Receivables transferred to the Trust since the preceding Payment Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account, if any, for the related Payment Period;
(t) for the Payment Date immediately following the calendar month in which the Funding Period ends, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(u) the amount of outstanding Advances on such date;
(v) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(uw) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vx) material breaches of pool asset representations and warranties or transaction covenants;; and
(wy) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (ri) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2006-A), Sale and Servicing Agreement (World Omni Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days or 121 days or more past due as of the Certificateholderslast day of the preceding Collection Period in accordance with the Servicer’s customary practices;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(txviii) the number and dollar amount of Receivables at Available Collections for the beginning and end of the applicable preceding Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aaxix) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a NoteExcess Collections with respect to such Distribution Date. Deliveries pursuant The Indenture Trustee will make available each month to this Section 5.08 may be delivered by electronic mail. Upon determination by each Note Owner the Administrator statements referred to above (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changesand certain other documents, the Administrator shall also cause the Servicer to include any reports and information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator (on behalf Servicer from time to time). The Indenture Trustee’s internet website shall be initially located at “xxxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the Issuing Entity)dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Indenture Trustee makes no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall and the Class D Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the aggregate Principal Balance of 60 Day Delinquent Receivables as of such Payment Date;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentDelinquency Percentage for the related Collection Period;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aan) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (n) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the accuracy or completeness of such documents and will assume no responsibility therefor. All such information provided to the Relevant Trustee for posting to the Relevant Trustee’s website should be sent to Xxxxx.X.Xxxxxxxxxx@xxxx.xxx with subject reference “For Posting – DRIVE 2024-2.” The Indenture Trustee’s internet website shall be initially located at “xxx.xx.xxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible. The Relevant Trustee will not be required to make available via its website any information that in its judgment is confidential, may include any personally identifiable information or could otherwise violate applicable law, or could result in personal liability to the Relevant Trustee. In addition, the Relevant Trustee will have no liability for the failure to include or post any information that it has not actually received or is not in a form or format that will allow it to make such information available via its website, but to the extent received will request from the provider such information in a form or format suitable for posting on behalf its website. In the event that the Relevant Trustee receives information for posting to its website that is not in a form of format suitable for posting or that it otherwise determines not to post in accordance with this paragraph, it shall promptly notify the sender of such information and inform such sender of the Issuing Entity)reasons for not posting such information and, if applicable, the appropriate form or format in which such information should be provided.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2024-2), Sale and Servicing Agreement (Drive Auto Receivables Trust 2024-2)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating AgenciesAgencies and each Note Paying Agent) for the Indenture Trustee to post forward to each Noteholder of record as of the most recent Record Date and to the Owner Trustee (with copies to the Rating Agencies and to each Certificate Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement based on its internet website information in the Servicer's Certificate furnished pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B3.9, setting forth at least for the Collection Period relating to such Distribution Date the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable to each Class of Notesthe Notes and to the Certificates;
(bii) the amount of such distribution allocable to interest allocable to each Class of Notesthe Notes and the Certificates;
(ciii) the Outstanding Amount amount of each Class of Notes and such distribution allocable to draws from the Note Reserve Account, if any;
(iv) the Pool Factor for each such Class Balance as of the close of business on the last day of the preceding Collection Period;
(dv) the Specified Overcollateralization Amount and the Specified Credit Enhancement Amount as of such Distribution Date;
(vi) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Distribution Date;
(evii) the amounts of the Noteholders' Interest Carryover Shortfall and the Certificateholders' Interest Carryover Shortfall, if any, on such Distribution Date and the change in such amounts from the preceding Distribution Date;
(viii) the aggregate outstanding principal amount of each Class of Notes, the Note Pool Factor for each Class of Notes, the Certificate Balance of each Class of Certificates and the Certificate Pool Factor for each Class of Certificates as of such Distribution Date;
(ix) the balance of the Reserve Account on such Payment Determination Date before and Distribution Date, after giving effect to deposits and withdrawals to be distributions made on such Distribution Date and the immediate following Payment change in such balance from the preceding Distribution Date, if any;
(fx) the amountamount of the aggregate Realized Losses, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mxi) the aggregate amount Purchase Amount of Receivables which have become Defaulted Receivables during repurchased by the preceding Collection Period;
(n) Seller or purchased by the amountServicer, if any, distributed with respect to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aaxii) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe amount of Advances, if any, on such Distribution Date (stating separately the amount of Precomputed Advances and Simple Interest Advances). Each amount set forth on the Servicer’s Certificate under Distribution Date statement pursuant to clauses (a), (b), (h), (i), (jii), (o), vi) or (p), (q) and (rvii) above shall be expressed as a dollar amount per $1,000 of original principal amount or original Certificate Balance of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of Note or a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesCertificate, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two L P), Sale and Servicing Agreement (Ford Credit Auto Receivables Two L P)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the close of business on Indenture Trustee, the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, Owner Trustee and the aggregate Purchase Amount paid by, World Omni or the Servicer Asset Representations Reviewer with respect to the related Collection Period;
(l) delinquency information relating Payment Date and the amount of any unpaid fees to the Receivables which has a payment Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following prior Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2019-1), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2019-1)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the Class D Noteholders’ Interest Carryover Shortfall;
(l) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lm) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mn) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(no) the amount, if any, distributed to the Certificateholders;
(op) the Noteholders’ First Priority Principal Distributable Amount;
(pq) the Noteholders’ Second Priority Principal Distributable Amount;
(qr) the Noteholders’ Third Priority Principal Distributable Amount;
(rs) the Noteholders’ Fourth Priority Principal Distributable Amount;
(t) the Noteholders’ Fifth Priority Principal Distributable Amount;
(u) the Noteholders’ Principal Distributable Amount;
(sv) the Overcollateralization Target Amount for the immediately following Payment Date;
(tw) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(ux) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vy) material breaches of pool asset representations and warranties or transaction covenants;
(wz) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(yaa) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zbb) confirmation of ongoing retention of the EU Retained Interest; and
(cc) the Interest Rate (including the SOFR Rate One-Month LIBOR or the then-current Benchmark, as applicable) for each applicable Class of Notes for the related next Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (ok), (p), (q), (r), (s), (t) and (ru) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) Entity of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator Issuing Entity shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and any such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall and the Class D Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) [Reserved];
(l) delinquency information relating to the aggregate Principal Balance of 60 Day Delinquent Receivables which has a payment as of more than $40 that is more than 30, 60, 90 or 120 days delinquentsuch Payment Date;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during Delinquency Percentage for the preceding related Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aao) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (o) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2018-4), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2018-4)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies, the Owner Trustee and the Swap Counterparty, if any) for the Indenture Trustee to post on forward to The Depository Trust Company (which shall supply such statement to Noteholders in accordance with its internet website pursuant to Section 6.06 of the Indentureprocedures), the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lk) delinquency information relating to the Receivables which has a payment of more than $40 or more that is more than 30, 60, 60 or 90 or 120 days delinquent;
(ml) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nm) the amount, if any, distributed to the CertificateholdersCertificateholders and the balance of the Certificates after giving effect to all distributions reported under this clause (m);
(on) the Noteholders’ First Priority Principal Distributable Amount;
(po) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(rp) the Noteholders’ Principal Distributable Amount;
(sq) the Overcollateralization Target Amount for the immediately following Payment Date;
(r) the Negative Carry Amount, if any, and the balance, if any, of the Negative Carry Account on such date, after giving effect to deposits and withdrawals to be made on the immediately following Payment Date, if any;
(s) for Payment Dates during the Funding Period, if any, the Starting Principal Balance for all Subsequent Receivables transferred to the Trust since the preceding Payment Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account, if any, for the related Payment Period;
(t) for the Payment Date immediately following the calendar month in which the Funding Period, if any, ends, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(u) the amount of outstanding Advances on such date;
(v) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(uw) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vx) material breaches of pool asset representations and warranties or transaction covenants;
(wy) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xz) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zaa) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aabb) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Monthly Swap Payment Amount, the Senior Swap Termination Payment Amount and the Subordinate Swap Termination Payment Amount, if any. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (ri) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2010-A), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2010-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
; 18 Sale and Servicing Agreement (dSDART 2023-3) (f) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-3)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating AgenciesAgencies [and the Swap Counterparty]) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of NotesNotes [(related to the Amortization Period only)];
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lk) delinquency information relating to the Receivables which has a payment of more than $40 or more that is more than 30, 60, 90 or 120 days delinquent;
(ml) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nm) the amount, if any, distributed to the CertificateholdersCertificateholders and the balance of the Certificates after giving effect to all distributions reported under this clause (m);
(n) the Noteholders’ First Priority Principal Distributable Amount [(related to the Amortization Period only)];
(o) the Noteholders’ First Second Priority Principal Distributable AmountAmount [(related to the Amortization Period only)];
(p) [the Noteholders’ Second Third Priority Principal Distributable AmountAmount [(related to the Amortization Period only)];]
(q) the Noteholders’ Third Priority Principal Distributable AmountAmount [(related to the Amortization Period only)];
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(s) [the Negative Carry Amount, if any, and the balance, if any, of the Negative Carry Account on such date, after giving effect to deposits and withdrawals to be made on the immediately following Payment Date, if any;]
(t) [for Payment Dates during the [Funding Period][Revolving Period], the Starting Principal Balance for all Subsequent Receivables transferred to the Trust since the preceding Payment Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account, if any, for the related Collection Period;]
(u) [for the Payment Date immediately following the calendar month in which the Funding Period ends, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;]
(v) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(uw) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vx) material breaches of pool asset representations and warranties or transaction covenants;
(wy) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xz) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(yaa) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zbb) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the next Payment Date[, including One-Month LIBOR];
(cc) [whether the Revolving Period has terminated due to the occurrence of an Early Amortization Event;]
(dd) [the amount on deposit in the Accumulation Account after giving effect to changes in the Accumulation Account on the related Payment Date; ];
(ee) [the Monthly Swap Payment Amount, the Senior Swap Termination Payment Amount and the Subordinate Swap Termination Payment Amount;] and
(aaff) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes[the Parity Reinvestment Amount, the Target Reinvestment Amount, the amount on deposit in the Accumulation Account]. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (ri) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables LLC), Sale and Servicing Agreement (World Omni Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
; (df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2020-2), Sale and Servicing Agreement (Drive Auto Receivables Trust 2020-2)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee 15 Sale and Servicing Agreement (2015-1) Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information as to the Notes, (to the extent applicable:):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee and the Owner Trustee with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee and the Owner Trustee and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mj) the aggregate amount Principal Balance of Receivables which have become Defaulted Receivables during that are more than 30 days delinquent as of the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aak) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Cumulative Net Loss Ratio for the related Collection Period. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the Non-Investment Grade Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at xxxxx://xxx.xxx.xx.xxx/investpublic or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall will provide to the Indenture Trustee (with a copy copies to the Rating Agencies, the Swap Counterparties and each Note Paying Agent) for the Indenture Trustee to post forward to each Noteholder of record as of the most recent Record Date (which delivery by the Indenture Trustee to the Noteholders may be made by making such statement available to the Noteholders through the Indenture Trustee's website, which initially is located at www.absreporting.com and to the Owner Trustee (with copies to the Raxxxx Xxxxxxxx xxx xx each Certificate Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement based on its internet website information in the Servicer's Certificate furnished pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B3.9, setting forth at least for the Collection Period relating to such Payment Date the following information as to the Notes, Securities to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable to each Class of NotesSecurities;
(bii) the amount of such distribution allocable to interest allocable to each Class of NotesSecurities;
(ciii) the Outstanding Amount amount of each Class of Notes and such distribution allocable to draws from the Note Reserve Account, if any;
(iv) the Pool Factor for each such Class Balance as of the close of business on the last day of the preceding Collection Period;
(dv) the Specified Overcollateralization Amount and the Specified Credit Enhancement Amount as of such Payment Date;
(vi) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(evii) the amounts of the Noteholders' Interest Carryover Shortfall and the Certificateholders' Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(viii) the aggregate outstanding principal amount of each Class of Notes, the Note Pool Factor for each Class of Notes, the Certificate Balance of the Class D Certificates and the Certificate Pool Factor of the Class D Certificates as of such Payment Date;
(ix) the amount of any previously due and unpaid payment of principal of the Notes or of the Certificate Balance, as applicable, and the change in such amount from that of the prior Payment Date;
(x) the balance of the Reserve Account on such Payment Determination Date before and Date, after giving effect to deposits and withdrawals to be distributions made on such Payment Date and the immediate following change in such balance from the preceding Payment Date, if any;
(fxi) the amountamount of the aggregate Realized Losses, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mxii) the aggregate amount Purchase Amount of Receivables which have become Defaulted Receivables during repurchased by the preceding Collection Period;
(n) Seller or purchased by the amountServicer, if any, distributed with respect to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aaxiii) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe amount of Advances, if any, on such Payment Date (stating separately the amount of Actuarial Advances and Simple Interest Advances). Each amount set forth on the Servicer’s Certificate under Payment Date statement pursuant to clauses (a), (b), (h), (i), (jii), (o), (p), (qvii) and (rix) above shall will be expressed as a dollar amount per $1,000 of original principal amount or original Certificate Balance of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of Note or a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesCertificate, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC), Sale and Servicing Agreement (Ford Credit Auto Receivables Two LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating Agencies, the Swap Counterparty and each Paying Agent) for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenturemost recent Record Date and to the Owner Trustee (with copies to the Rating Agencies and to each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement in substantially the forms of Exhibits B and C, the Servicer’s Certificate substantially in the form of Exhibit Brespectively, setting forth at least the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable paid to each Class of NotesNotes and to the Certificates;
(bii) the amount of such distribution allocable to interest allocable paid to each Class of Notes;
(ciii) the Outstanding Amount Yield Supplement Amount;
(iv) the amount of the Total Servicing Fee with respect to the related Collection Period;
(v) the amount of the Net Swap Payments or Net Swap Receipts, if any, due on that Payment Date;
(vi) the amount of any Swap Termination Payments due on that Payment Date;
(vii) the aggregate outstanding principal balance of each Class of Notes Notes, the applicable Note Pool Factor, the Certificate Balance and the Note Certificate Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals payments allocated to be made on the immediate following Payment Date, if anyprincipal reported under clause (i) above;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(gviii) the Pool Balance, the Level Pay Pool Balance and the Last Scheduled Payment Pool Balance, in each case as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(hix) the Class A Noteholders’ amounts of the Interest Carryover Shortfall, if any, for the next Payment Date and the portion thereof attributable to each Class of Notes;
(ix) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number amount of Receivables purchased by, and the aggregate Purchase Amount paid byRealized Losses, World Omni or the Servicer if any, with respect to the related Collection Period;
(lxi) delinquency information relating the balance of the Reserve Account on such Payment Date, after giving effect to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentchanges therein on such Payment Date;
(mxii) the aggregate Purchase Amount of Receivables repurchased by the Seller or purchased by the Servicer, if any, with respect to the related Collection Period;
(xiii) the amount of Receivables which have become Defaulted Actuarial Advances and Last Scheduled Payment Advances, if any, with respect to the related Collection Period;
(xiv) for each such Payment Date during the Pre-Funding Period, (A) the amount, if any, withdrawn from the Pre-Funding Account to purchase Subsequent Receivables during the related Collection Period, (B) the Remaining Pre-Funded Amount, if any, (C) the Negative Carry Amount, if any, for the related Collection Period, and (D) the amount remaining on deposit in the Negative Carry Account, if any, after all withdrawals, if any, made on such Payment Date;
(xv) for each Payment Date during the Reinvestment Period, the excess, if any, of the Minimum Adjusted Principal Balance of Long Deferment Period Receivables, as of the last day of the preceding Collection Period, over the sum of (x) the aggregate Adjusted Principal Balance of Long Deferment Period Receivables, as of the last day of the preceding Collection Period, (y) the aggregate Adjusted Principal Balance of Reinvested Receivables as of the last day of the preceding Collection Period, and (z) the Excess Reinvestment Amount as of the last day of the preceding Collection Period;
(nxvi) for each Payment Date during the amountReinvestment Period, the excess, if any, distributed to of the CertificateholdersMinimum Adjusted Receivables Principal Balance, over the Adjusted Principal Balance of all Receivables, in each case, as of the last day of the preceding Collection Period;
(oxvii) the Noteholders’ First Priority Principal Distributable AmountRequired Reinvestment Amount for the preceding Collection Period;
(pxviii) the Noteholders’ Second Priority Principal Distributable AmountReinvested Amount for the preceding Collection Period;
(qxix) the Noteholders’ Third Priority Principal Distributable AmountExcess Reinvestment Amount for the preceding Collection Period;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicablexx) for each Class of Notes for the related Payment Date, the amount remaining in the Reinvestment Account, if any; and
(aaxxi) any SOFR Adjustment Conforming Changes for the first Payment Date on or Benchmark Replacement Conforming Changesimmediately following the end of the Pre-Funding Period, the Remaining Pre-Funded Amount, if any. Each amount set forth on the Servicer’s Certificate under Payment Date statement pursuant to clauses (a), (b), (h), (i), (jii), (o), (p), (qiv) and (rvii) above shall be expressed as a dollar amount per $1,000 of original principal amount balance of a Certificate or Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Mmca Auto Receivables Trust), Sale and Servicing Agreement (Mmca Auto Owner Trust 2002-1)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies) for the Indenture Trustee to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lk) delinquency information relating to the Receivables which has a payment of more than $40 or more that is more than 30, 60, 90 or 120 days delinquent;
(ml) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nm) the amount, if any, distributed to the Certificateholders;
(on) the Noteholders’ First Priority Principal Distributable Amount;
(po) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(rp) the Noteholders’ Principal Distributable Amount;
(sq) the Overcollateralization Target Amount for the immediately following Payment Date;
(tr) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(us) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vt) material breaches of pool asset representations and warranties or transaction covenants;
(wu) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xv) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(yw) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;; and
(zx) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (ri) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2016-A), Sale and Servicing Agreement (World Omni Auto Receivables Trust 2016-A)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information as to the Notes, (to the extent applicable:):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the Cumulative Net Loss Ratio for the related Collection Period;
(l) delinquency information relating to the aggregate Principal Balance of 60 Day Delinquent Receivables which has a payment as of more than $40 that is more than 30, 60, 90 or 120 days delinquentsuch Payment Date;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during Delinquency Percentage for the preceding related Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aao) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the Non-Investment Grade Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
; (df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-4), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2023-4)
Statements to Noteholders and Certificateholders. On or the Business Day prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating AgenciesAgencies and each Note Paying Agent) for the Indenture Trustee to post make available to each Noteholder of record as of the most recent Record Date and to the Owner Trustee (with copies to the Rating Agencies and to each Certificate Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement based on its internet website information in the Servicer's Certificate furnished pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B3.9, setting forth at least for the Collection Period relating to such Payment Date the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable to each Class of Notesthe Notes and to the Certificates;
(bii) the amount of such distribution allocable to interest allocable to each Class of Notesthe Notes and the Certificates;
(ciii) the Outstanding Amount amount of each Class of Notes and such distribution allocable to draws from the Note Reserve Account, if any;
(iv) the Pool Factor for each such Class Balance as of the close of business on the last day of the preceding Collection Period;
(dv) the Specified Reserve Balance as of such Payment Date;
(vi) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(evii) the amounts of the Class A Noteholders' Interest Carryover Shortfall and the Class B Certificateholders' Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(viii) the aggregate outstanding principal amount of each Class of Notes, the Note Pool Factor for each Class of Notes, the Certificate Balance and the Certificate Pool Factor as of such Payment Date;
(ix) the amount of any previously due and unpaid payment of principal of the Notes or of the Certificate Balance, as applicable, and the change in such amount from that of the prior Payment Date;
(x) the Note Pool Factor and the Certificate Pool Factor for such Payment Date;
(xi) the balance of the Reserve Account on such Payment Determination Date before and Date, after giving effect to deposits and withdrawals to be distributions made on such Payment Date and the immediate following change in such balance from the preceding Payment Date, if any;
(fxii) the amountamount of the aggregate Realized Losses, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mxiii) the aggregate amount Purchase Amount of Receivables which have become Defaulted Receivables during repurchased by the preceding Depositor or the Seller or purchased by the Servicer, if any, with respect to the related Collection Period;
(nxiv) the amountamount of Advances, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following on such Payment Date;
(txv) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount aggregate Collections for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment DateCollection Period; and
(aaxvi) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe aggregate Principal Balance of the Receivables that became designated as Defaulted Receivables during the related Collection Period. In addition, such statements may be posted by the Indenture Trustee on its website at _________________. Each amount set forth on the Servicer’s Certificate under Payment Date statement pursuant to clauses (a), (b), (h), (i), (jii), (ovi), (p), (qvii) and (rix) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) Note or original Certificate Balance of a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesCertificate, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Usaa Acceptance LLC), Sale and Servicing Agreement (Usaa Acceptance LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy to the Rating Agencies, the Owner Trustee and the Swap Counterparty, if any) for the Indenture Trustee to post on forward to The Depository Trust Company (which shall supply such statement to Noteholders in accordance with its internet website pursuant to Section 6.06 of the Indentureprocedures), the Servicer’s Certificate a statement substantially in the form of Exhibit B, setting forth at least the following information as to the Notes, to the extent applicable:
(a) the amount of such distribution allocable to principal allocable to each Class of Notes;
(b) the amount of such distribution allocable to interest allocable to each Class of Notes;
(c) the Outstanding Amount of each Class of Notes and the Note Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(lk) delinquency information relating to the Receivables which has a payment of more than $40 that is are more than 30, 60, 60 or 90 or 120 days delinquent;
(ml) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nm) the amount, if any, distributed to the CertificateholdersCertificateholders and the balance of the Certificates after giving effect to all distributions reported under this clause (m);
(on) the Noteholders’ First Priority Principal Distributable Amount;
(po) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(rp) the Noteholders’ Principal Distributable Amount;
(sq) the Overcollateralization Target Amount for the immediately following Payment Date;
(r) the Negative Carry Amount, if any, and the balance, if any, of the Negative Carry Account on such date, after giving effect to deposits and withdrawals to be made on the immediately following Payment Date, if any;
(s) for Payment Dates during the Funding Period, if any, the Starting Principal Balance for all Subsequent Receivables transferred to the Trust since the preceding Payment Date, the remaining Pre-Funded Amount and the Investment Earnings on amounts on deposit in the Pre-Funding Account, if any, for the related Payment Period;
(t) for the Payment Date immediately following the calendar month in which the Funding Period, if any, ends, the amount of any remaining Pre-Funded Amount that has not been used to fund the purchase of Subsequent Receivables;
(u) the amount of outstanding Advances on such date;
(v) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate coupon and weighted average remaining term of the Receivables held by the Trust;
(uw) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(vx) material breaches of pool asset representations and warranties or transaction covenants;
(wy) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(xz) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(zaa) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related next Payment Date; and
(aabb) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Monthly Swap Payment Amount, the Senior Swap Termination Payment Amount and the Subordinate Swap Termination Payment Amount, if any. Each amount set forth on the Servicer’s Certificate Payment Date statement under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (ri) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity).
Appears in 2 contracts
Samples: Sale and Servicing Agreement (World Omni Auto Receivables Trust 2009-A), Sale and Servicing Agreement (World Omni Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Distribution Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Owner Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Owner Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days, or 121 days or more delinquent as of the Certificateholderslast day of the preceding Collection Period;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(xviii) the amount of Available Collections for the preceding Collection Period;
(xix) the amount of Excess Collections with respect to such Distribution Date;
(txx) the number and dollar amount of Receivables at the beginning and end of the Note Rate applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during Class A-2b Notes with respect to the distribution period or that, cumulatively, have become material over time;
(x) Accrual Period ending on the Yield Supplement Overcollateralization Amount for the related Payment day preceding such Distribution Date;
(yxxi) a material change in World Omni or LIBOR applicable to the Depositor’s retained interest in Accrual Period ending on the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment day preceding such Distribution Date; and
(aaxxii) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed Consolidated Tangible Net Worth as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) last day of a Benchmark Replacement or the making of any Benchmark Replacement Conforming ChangesRelated Fiscal Quarter for such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (and certain other documents, the Administrator shall also cause the Servicer to include any reports and information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes Receivables provided by the Administrator Servicer from time to time) via the Indenture Trustee’s internet website, with the use of a password provided by the Indenture Trustee. The Indenture Trustee’s internet website will be located at xxx.XXXXxxx.xxx or at such other address as the Indenture Trustee shall notify the Note Owners from time to time. For assistance with regard to this service, Note Owners can call the Indenture Trustee’s Corporate Trust Office at (on behalf 000) 000-0000. The Indenture Trustee shall have the right to change the way the statements referred to above are distributed in order to make such distribution more convenient and/or more accessible to the parties entitled to receive such statements so long as such statements are only provided to the then current Note Owners. The Indenture Trustee shall provide notification of any such change to all parties entitled to receive such statements in the manner described in Section 10.4, Section 11.4 of the Issuing Entity)Indenture or Section 11.5 of the Indenture, as appropriate.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (CarMax Auto Owner Trust 2016-1), Sale and Servicing Agreement (CarMax Auto Owner Trust 2016-1)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall and the Class D Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the aggregate Principal Balance of 60 Day Delinquent Receivables as of such Payment Date;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentDelinquency Percentage for the related Collection Period;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aan) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (n) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Drive Auto Receivables Trust 2018-5), Sale and Servicing Agreement (Drive Auto Receivables Trust 2018-5)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the aggregate Principal Balance of 60 Day Delinquent Receivables as of such Payment Date;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentDelinquency Percentage for the related Collection Period;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection PeriodDelinquency Trigger for such Payment Date;
(n) the amountnumber, if anydollar amount and percentage of Receivables that are 31-60, distributed to 61-90, 91-120 and over 120 days delinquent as of the Certificateholders;end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (n) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments; and
(o) if the Noteholders’ First Priority Principal Distributable Amount;
(p) Benchmark is any rate other than LIBOR, the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, Unadjusted Benchmark Replacement and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information Benchmark Replacement Adjustment for the applicable Collection Period and any material changes in determining or defining delinquencies, chargeClass A-2-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of B Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming ChangesInterest Period. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2019-3), Sale and Servicing Agreement (Santander Drive Auto Receivables Trust 2019-3)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy Certificate Paying Agent and to the Rating Agencies) for Relevant Trustee the Indenture Servicer’s Certificate in accordance with Section 3.8. The Relevant Trustee to post shall forward (or make available on its internet website pursuant website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, in accordance with Section 6.06 6.6 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, a statement setting forth at least for the Collection Period and Payment Date relating to such statement the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2 Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Standby Servicer, the Owner Trustee, the Grantor Trust Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Standby Servicer, the Owner Trustee, the Grantor Trust Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or BAC with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the aggregate Principal Balance of 60-Day Delinquent Receivables as of such Payment Date;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentDelinquency Percentage for the related Collection Period;
(m) whether the aggregate amount of Receivables which have become Defaulted Receivables during Delinquency Percentage exceeds the preceding Collection PeriodDelinquency Trigger;
(n) the number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (n) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments; and
(o) the amount, if any, distributed to of losses on the Certificateholders;
(o) Receivables as of the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. 22 Sale and Servicing Agreement (BLAST 2024-4) The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxx.xxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-4), Sale and Servicing Agreement (Bridgecrest Lending Auto Securitization Trust 2024-4)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information (or such other substantially similar information so long as to such information satisfies the Notes, to the extent applicable:requirement of Item 1121 of Regulation AB):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee, the Owner Trustee and the Asset Representations Reviewer and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by the Servicer or Santander Consumer with respect to the related Collection Period;
(j) the aggregate Principal Balance of Receivables that are more than 30 days delinquent as of the end of the related Collection Period;
(k) the Cumulative Net Loss Ratio for the related Collection Period;
(l) delinquency information relating to the aggregate Principal Balance of 60 Day Delinquent Receivables which has a payment as of more than $40 that is more than 30, 60, 90 or 120 days delinquentsuch Payment Date;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during Delinquency Percentage for the preceding related Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount Delinquency Trigger for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related such Payment Date; and
(aao) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe number, dollar amount and percentage of Receivables that are 31-60, 61-90, 91-120 and over 120 days delinquent as of the end of the related Collection Period; provided, however, that the Servicer may, in its sole discretion, provide the information set forth in this clause (o) in 30-day increments beginning with 30-59 days delinquent in lieu of the foregoing increments. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may 18 Sale and Servicing Agreement (DRIVE 2017-2) No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the 144A Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxxx://xxx.xxxxxxxxxxxxxxxxxxxxxx.xxx” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on before each Payment Determination Date, the Servicer shall provide to the Indenture Certificate Paying Agent and to the Relevant Trustee (with a copy to each Rating Agency and the Rating AgenciesIssuer), and the Relevant Trustee shall forward (or make available on its website, as described below) to each Noteholder and Certificateholder of record as of the most recent Record Date, a statement setting forth for the Indenture Trustee Collection Period and Payment Date relating to post on its internet website pursuant to Section 6.06 of the Indenture, the Servicer’s Certificate substantially in the form of Exhibit B, setting forth at least such Determination Date the following information as to the Notes, (to the extent applicable:):
(a) the aggregate amount being paid on such Payment Date in respect of such distribution allocable to interest on and principal allocable to of each Class of Notes;
(b) the amount of such distribution allocable to interest allocable Class A-1 Note Balance, the Class A-2-A Note Balance, the Class A-2-B Note Balance, the Class A-3 Note Balance, the Class B Note Balance, the Class C Note Balance, the Class D Note Balance, the Class E Note Balance and the Note Factor with respect to each Class of Notes, in each case after giving effect to payments on such Payment Date;
(ci) the Outstanding Amount of each Class of Notes amount on deposit in the Reserve Account and the Note Specified Reserve Account Balance, each as of the beginning and end of the related Collection Period, (ii) the amount to be deposited in the Reserve Account in respect of such Payment Date, if any, (iii) the Reserve Account Draw Amount and the Reserve Account Excess Amount, if any, to be withdrawn from the Reserve Account on such Payment Date, (iv) the balance on deposit in the Reserve Account on such Payment Date after giving effect to withdrawals therefrom and deposits thereto in respect of such Payment Date and (v) the change in such balance from the immediately preceding Payment Date;
(d) the First Allocation of Principal, the Second Allocation of Principal, the Third Allocation of Principal, the Fourth Allocation of Principal, the Fifth Allocation of Principal and the Regular Allocation of Principal for such Payment Date;
(e) the Pool Balance and the Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(df) the amount of the Servicing Fee to be paid to the Servicer with respect to the related Collection Period, Period and the amount of any unpaid Servicing Fee Fees and the change in such amount from that of the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Date, if any;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as amount of fees to be paid to the Indenture Trustee and the Owner Trustee with respect to the related Payment Date and the amount of any unpaid fees to the Indenture Trustee and the Owner Trustee and the change in such amount from that of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) aboveprior Payment Date;
(h) the amount of the Class A Noteholders’ Interest Carryover Shortfall;
(i) , the Class B Noteholders’ Interest Carryover Shortfall;
(j) , the Class C Noteholders’ Interest Carryover Shortfall, the Class D Noteholders’ Interest Carryover Shortfall and the Class E Noteholders’ Interest Carryover Shortfall, if any, on such Payment Date and the change in such amounts from the preceding Payment Date;
(ki) the number of aggregate Repurchase Price with respect to Repurchased Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or by (i) the Servicer and (ii) the Seller with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mj) the aggregate amount Principal Balance of Receivables which have become Defaulted Receivables during that are more than 30 days delinquent as of the preceding Collection Period;
(n) the amount, if any, distributed to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aak) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe Cumulative Net Loss Ratio for the related Collection Period. Each amount set forth on the Servicer’s Certificate under clauses pursuant to clause (a), (b), ) or (h), (i), (j), (o), (p), (q) and (r) above relating to the Notes shall be expressed as a dollar amount per $1,000 of original the aggregate principal amount of a Notethe Notes (or Class thereof). Deliveries pursuant to this Section 5.08 may No disbursements shall be delivered made directly by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include a Noteholder, and the Servicer shall not be required to maintain any information regarding investor record relating to the Unadjusted Benchmark Replacement, posting of disbursements or otherwise. The Relevant Trustee shall make available via the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, Relevant Trustee’s internet website all reports or SOFR Adjustment Conforming Changes notices required to be provided by the Administrator Relevant Trustee under this Section 4.6 (on behalf which reports may include information with respect to the Non-Investment Grade Notes). Any information that is disseminated in accordance with the provisions of this Section 4.6 shall not be required to be disseminated in any other form or manner. The Relevant Trustee will make no representation or warranty as to the Issuing Entity)accuracy or completeness of such documents and will assume no responsibility therefor. The Indenture Trustee’s internet website shall be initially located at “xxxxx://xxx.xxx.xx.xxx/investpublic” or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the acceptance of a disclaimer. The Indenture Trustee shall not be liable for the dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any changes in the address or means of access to the Internet website where the reports are accessible.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Santander Drive Auto Receivables LLC), Sale and Servicing Agreement (Santander Drive Auto Receivables LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating Agencies, each Swap Counterparty and each Paying Agent) for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenturemost recent Record Date and to the Owner Trustee (with copies to the Rating Agencies and to each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement in substantially the forms of Exhibits B and C, the Servicer’s Certificate substantially in the form of Exhibit Brespectively, setting forth at least the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable paid to each Class of NotesNotes and to the Certificates;
(bii) the amount of such distribution allocable to interest allocable paid to each Class of Notes;
(ciii) the Outstanding Amount Yield Supplement Amount;
(iv) the amount of the Total Servicing Fee with respect to the related Collection Period;
(v) the amount of the Net Swap Payments or Net Swap Receipts, if any, due on that Payment Date;
(vi) the amount of any Swap Termination Payments due on that Payment Date;
(vii) the aggregate outstanding principal balance of each Class of Notes Notes, the applicable Note Pool Factor, the Certificate Balance and the Note Certificate Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals payments allocated to be made on the immediate following Payment Date, if anyprincipal reported under clause (i) above;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(gviii) the Pool Balance, the Level Pay Pool Balance and the Last Scheduled Payment Pool Balance, in each case as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(hix) the Class A Noteholders’ amounts of the Interest Carryover Shortfall, if any, for the next Payment Date and the portion thereof attributable to each Class of Notes;
(ix) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number amount of Receivables purchased by, and the aggregate Purchase Amount paid byRealized Losses, World Omni or the Servicer if any, with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(mxi) the aggregate amount balance of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(n) the amountReserve Account on such Payment Date, if any, distributed after giving effect to the Certificateholders;
(o) the Noteholders’ First Priority Principal Distributable Amount;
(p) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the immediately following changes therein on such Payment Date;
(txii) the number and dollar amount aggregate Purchase Amount of Receivables at repurchased by the beginning and end of Seller or purchased by the applicable Servicer, if any, with respect to the related Collection Period, and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aaxiii) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesthe amount of Actuarial Advances and Last Scheduled Payment Advances, if any, with respect to the related Collection Period. Each amount set forth on the Servicer’s Certificate under Payment Date statement pursuant to clauses (a), (b), (h), (i), (jii), (o), (p), (qiv) and (rvii) above shall be expressed as a dollar amount per $1,000 of original principal amount balance of a Certificate or Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Mmca Auto Owner Trust 2001 2), Sale and Servicing Agreement (Mmca Auto Owner Trust 2001 2)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Depositor, the Rating Agencies) Agencies and each Paying Agent), for the Indenture Trustee to post on its internet website pursuant make available to Section 6.06 each Note Owner as described below, and to the Indenture Trustee (with copies to the Depositor, the Rating Agencies and each Paying Agent), for the Indenture Trustee to make available to each Certificateholder of record as of the Indenturemost recent Record Date, the Servicer’s Certificate substantially in the form of Exhibit B, setting Certificate. Each such statement shall set forth at least the following information as to the Notes, Notes and the Certificates (to the extent applicable) with respect to the distribution to be made on such Distribution Date:
(ai) the amount of such distribution allocable to principal allocable to for each Class of Notes;
(bii) the Priority Principal Distributable Amount for such Distribution Date;
(iii) the Secondary Principal Distributable Amount for such Distribution Date;
(iv) the Tertiary Principal Distributable Amount for such Distribution Date;
(v) the Quaternary Principal Distributable Amount for such Distribution Date;
(vi) the Regular Principal Distributable Amount for such Distribution Date;
(vii) the amount of such distribution allocable to current and overdue interest allocable to (including any interest on overdue interest) for each Class of Notes;
(cviii) the Outstanding Amount Total Servicing Fee for the preceding Collection Period;
(ix) the aggregate outstanding principal balance of each Class of Notes and the Note Pool Factor for with respect to each such Class of Notes (in each case after giving effect to payments allocated to principal reported under clause (i) above);
(x) the Pool Balance as of the close of business on the last day of the preceding Collection Period;
(dxi) the amount of the Servicing Fee paid Reserve Account Amount on such Distribution Date (after giving effect to the Servicer with respect all deposits to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount or withdrawals from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals to be made on the immediate following Payment Distribution Date, if any);
(fxii) the amountReserve Account Draw Amount for such Distribution Date;
(xiii) the aggregate Purchase Amount of Receivables repurchased by the Depositor or purchased by the Servicer, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(g) the Pool Balance as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(h) the Class A Noteholders’ Interest Carryover Shortfall;
(i) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number of Receivables purchased by, and the aggregate Purchase Amount paid by, World Omni or the Servicer with respect to the related Collection Period;
(l) delinquency information relating to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquent;
(m) the aggregate amount of Receivables which have become Defaulted Receivables during the preceding Collection Period;
(nxiv) the amountnumber and aggregate Principal Balance of Receivables that were 31-60 days, if any61-90 days, distributed to 91-120 days or 121 days or more past due as of the Certificateholderslast day of the preceding Collection Period in accordance with the Servicer’s customary practices;
(oxv) the Noteholders’ First Priority Principal Distributable Amountnumber of Receivables that were outstanding as of the last day of the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable AmountNet Losses with respect to the preceding Collection Period;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(sxvii) the Overcollateralization Target Amount for such Distribution Date and the immediately following Payment amount by which the Pool Balance exceeds the Note Balance as of such Distribution Date (after giving effect to any payments made to the Holders of the Notes on such Distribution Date);
(txviii) the number and dollar amount of Receivables at Available Collections for the beginning and end of the applicable preceding Collection Period; and
(xix) the amount of Excess Collections with respect to such Distribution Date. The Indenture Trustee will make available each month to each Note Owner the statements referred to above (and certain other documents, reports and information regarding the Receivables provided by the Servicer from time to time), The Indenture Trustee’s internet website shall be initially located at xxxxx://xxxxx.xxxxxx.xxx or at such other address as shall be specified by the Indenture Trustee from time to time in writing to the Noteholders, the Owner Trustee, the Servicer, the Issuer, the Certificate Registrar or any Paying Agent. In connection with providing access to the Indenture Trustee’s internet website, the Indenture Trustee may require registration and the weighted average Contract Rate and weighted average remaining term acceptance of the Receivables held by the Trust;
(u) delinquency and loss information a disclaimer. The Indenture Trustee shall not be liable for the applicable Collection Period and dissemination of information in accordance with this Agreement. The Indenture Trustee shall notify the Noteholders in writing of any material changes in determining the address or defining delinquencies, charge-offs and uncollectible accounts;
(v) material breaches means of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating access to the terms Internet website where the reports are accessible. The Indenture Trustee makes no representation or warranty as to the accuracy or completeness of or feessuch documents and will assume no responsibility therefor. For assistance with regard to this service, penalties or payments on, pool assets during Note Owners can call the Indenture Trustee’s Bondholder Services Group at (000) 000-0000. The Indenture Trustee shall have the right to change the way the statements referred to above are distributed in order to make such distribution period or that, cumulatively, have become material over time;
(x) more convenient and/or more accessible to the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or parties entitled to receive such statements so long as such statements are only provided to the then-current BenchmarkNote Owners. The Indenture Trustee shall provide notification of any such change to all parties entitled to receive such statements in the manner described in Section 10.4, Section 11.4 of the Indenture or Section 11.5 of the Indenture, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changes. Each amount set forth on the Servicer’s Certificate under clauses (a), (b), (h), (i), (j), (o), (p), (q) and (r) above shall be expressed as a dollar amount per $1,000 of original principal amount of a Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)appropriate.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (Carmax Auto Funding LLC), Sale and Servicing Agreement (Carmax Auto Funding LLC)
Statements to Noteholders and Certificateholders. On or prior to the close of business on each Payment Determination Date, the Servicer shall provide to the Indenture Trustee (with a copy copies to the Rating AgenciesAgencies and each Paying Agent) for the Indenture Trustee to post on its internet website pursuant forward to Section 6.06 each Noteholder of record as of the Indenturemost recent Record Date and to the Owner Trustee (with copies to the Rating Agencies and to each Paying Agent) for the Owner Trustee to forward to each Certificateholder of record as of the most recent Record Date a statement in substantially the forms of Exhibits B and C, the Servicer’s Certificate substantially in the form of Exhibit Brespectively, setting forth at least the following information as to the Notes, Notes and the Certificates to the extent applicable:
(ai) the amount of such distribution allocable to principal allocable paid to each Class of NotesNotes and to the Certificates;
(bii) the amount of such distribution allocable to interest allocable paid to each Class of Notes;
(ciii) the Outstanding Amount Yield Supplement Amount;
(iv) the amount of the Total Servicing Fee with respect to the related Collection Period;
(v) the aggregate outstanding principal balance of each Class of Notes Notes, the applicable Note Pool Factor, the Certificate Balance and the Note Certificate Pool Factor for each such Class as of the close of business on the last day of the preceding Collection Period;
(d) the amount of the Servicing Fee paid to the Servicer with respect to the related Collection Period, the amount of any unpaid Servicing Fee and the change in such amount from the prior Payment Date;
(e) the balance of the Reserve Account on such Payment Determination Date before and after giving effect to deposits and withdrawals payments allocated to be made on the immediate following Payment Date, if anyprincipal reported under clause (i) above;
(f) the amount, if any, distributed to Noteholders and Certificateholders from amounts on deposit in the Reserve Account or from other forms of credit enhancement;
(gvi) the Pool Balance, the Level Pay Pool Balance and the Last Scheduled Payment Pool Balance, in each case as of the close of business on the last day of the related Collection Period, before and after giving effect to payments allocated to principal reported under clause (a) above;
(hvii) the Class A Noteholders’ amounts of the Interest Carryover Shortfall, if any, for the next Payment Date and the portion thereof attributable to each Class of Notes;
(iviii) the Class B Noteholders’ Interest Carryover Shortfall;
(j) the Class C Noteholders’ Interest Carryover Shortfall;
(k) the number amount of Receivables purchased by, and the aggregate Purchase Amount paid byRealized Losses, World Omni or the Servicer if any, with respect to the related Collection Period;
(lix) delinquency information relating the balance of the Reserve Account on such Payment Date, after giving effect to the Receivables which has a payment of more than $40 that is more than 30, 60, 90 or 120 days delinquentchanges therein on such Payment Date;
(mx) the aggregate Purchase Amount of Receivables repurchased by the Seller or purchased by the Servicer, if any, with respect to the related Collection Period;
(xi) the amount of Receivables which have become Defaulted Actuarial Advances and Last Scheduled Payment Advances, if any, with respect to the related Collection Period;
(xii) for each such Payment Date during the Pre-Funding and Reinvestment Period, (A) the amount, if any, withdrawn from the Pre-Funding and Reinvestment Account to purchase Subsequent Receivables during the related Collection Period, (B) the remaining Pre-Funded and Excess Cash Amount, if any, (C) the Negative Carry Amount, if any, for the related Collection Period, and (D) the amount remaining on deposit in the Negative Carry Account, if any, after all withdrawals, if any, made on such Payment Date;
(xiii) for each Payment Date during the Pre-Funding and Reinvestment Period, the excess, if any, of the Minimum Adjusted Principal Balance of Long Deferment Period Receivables, as of the last day of the preceding Collection Period, over the sum of (x) the aggregate Adjusted Principal Balance of Long Deferment Period Receivables, as of the last day of the preceding Collection Period, (y) the aggregate Adjusted Principal Balance of Reinvested Receivables as of the last day of the preceding Collection Period, and (z) the Pre-Funded and Excess Cash Amount as of the last day of the preceding Collection Period;
(nxiv) for each Payment Date during the amountPre-Funding and Reinvestment Period, the excess, if any, distributed to of the CertificateholdersMinimum Adjusted Receivables Principal Balance, over the Adjusted Principal Balance of all Receivables, in each case, as of the last day of the preceding Collection Period;
(oxv) the Noteholders’ First Priority Principal Distributable AmountRequired Reinvestment Amount for the preceding Collection Period;
(pxvi) the Noteholders’ Second Priority Principal Distributable Amount;
(q) the Noteholders’ Third Priority Principal Distributable Amount;
(r) the Noteholders’ Principal Distributable Amount;
(s) the Overcollateralization Target Amount for the first Payment Date on or immediately following Payment Date;
(t) the number and dollar amount of Receivables at the beginning and end of the applicable Collection Pre-Funding and Reinvestment Period, the remaining Pre-Funded and the weighted average Contract Rate and weighted average remaining term of the Receivables held by the Trust;
(u) delinquency and loss information for the applicable Collection Period and any material changes in determining or defining delinquenciesExcess Cash Amount, charge-offs and uncollectible accounts;
(v) material breaches of pool asset representations and warranties or transaction covenants;
(w) any material modifications, extensions or waivers relating to the terms of or fees, penalties or payments on, pool assets during the distribution period or that, cumulatively, have become material over time;
(x) the Yield Supplement Overcollateralization Amount for the related Payment Date;
(y) a material change in World Omni or the Depositor’s retained interest in the Notes or Certificates;
(z) the Interest Rate (including the SOFR Rate or the then-current Benchmark, as applicable) for each Class of Notes for the related Payment Date; and
(aa) any SOFR Adjustment Conforming Changes or Benchmark Replacement Conforming Changesif any. Each amount set forth on the Servicer’s Certificate under Payment Date statement pursuant to clauses (a), (b), (h), (i), (jii), (oiii), (p), (qiv) and (rvii) above shall be expressed as a dollar amount per $1,000 of original principal amount balance of a Certificate or Note. Deliveries pursuant to this Section 5.08 may be delivered by electronic mail. Upon determination by the Administrator (on behalf of the Issuing Entity) of a Benchmark Replacement or the making of any Benchmark Replacement Conforming Changes, the Administrator shall also cause the Servicer to include any information regarding the Unadjusted Benchmark Replacement, the Benchmark Replacement Adjustment and such Benchmark Replacement Conforming Changes, or SOFR Adjustment Conforming Changes provided by the Administrator (on behalf of the Issuing Entity)as applicable.
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Samples: Sale and Servicing Agreement (Mmca Auto Receivables Trust)